Publication Date

11-2013

Journal

Vanderbilt Law Review

Abstract

The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.

Volume

66

Issue

6

First Page

1831

Last Page

1888

Publisher

Vanderbilt University Law School

Disciplines

Commercial Law | Contracts | Law | Legal Ethics and Professional Responsibility

Comments

19th Annual Institute for Law and Economic Policy Conference: The Economics of Aggregate Litigation

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