Search results for "Plaintiff"
showing 7 items of 7 documents
Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis
2021
Abstract This article studies whether fee-shifting rules can affect plaintiffs’ win rates. Beyond theoretical modeling, this study goes a step further and provides empirical evidence on this issue, thanks to the study of a real change in Spanish legislation. Spain applied the so-called English rule in 2011 in the administrative jurisdiction. This study explores whether plaintiffs were more or less successful when litigating against public administrations since then. After controlling for several other factors, it is shown that the new rule considerably increased plaintiffs’ win rate (while also reducing litigation). The paper also presents a theoretical model explaining that the English rul…
Determinación de la edad de un extranjero indocumentado : A propósito de la sentencia de la audiencia provincial de barcelona, de 24 de enero de 2020
2021
In recent years, immigration of minors has increased, which means that administrations establish a differentiated treatment for this sector of immigration due to the fact that they are minors; There are many aspects to take into account in these cases, including verifying the minority age, a fact that is more complicated when it comes to adolescents. This is what is analyzed by the Judgment of the Provincial Court of Barcelona, of January 24, 2020, which confirms the Resolution of the General Directorate of Attention to Children and Adolescents, which agreed to the closure of the homelessness file and the admission of the plaintiff in a Protection Center until the verification of their pers…
Time trends, characteristics, and evidence of scientific advances within the legal complaints for alleged sexual HIV transmission in Spain: 1996-2012.
2014
This article quantifies and characterizes existing legal complaints for the sexual transmission of HIV in Spain, describes temporal trends and whether advance of scientific knowledge is reflected in charging decisions, judicial reasoning, and sentences. Sentences and writs dictated by Spanish penal and civil jurisdictions between 1981 and 2012 were obtained through legal databases systematic search. Sixteen sentences and 9 writs belonging to 19 cases were included; 17 judged by penal and two by civil jurisdictions. The first sentence was pronounced in 1996, 3 between 1999 and 2000, 4 between 2001 and 2005, and 18 between 2006 and 2012. In 10 (53%) cases there was effective HIV transmission,…
Handling complaints on social network sites – An analysis of complaints and complaint responses on Facebook and Twitter pages of large US companies
2015
Social media provide numerous possibilities for consumers and other stakeholders to voice their complaints about organizations in public. While this can damage the reputation of an organization, effectively handling complaints also bears considerable opportunities to win back complainants and to win over observers of the interaction. This study analyzes how large companies handle complaints on their Facebook and Twitter pages. Results reveal that the companies are not fully embracing the opportunities of social media to demonstrate their willingness to interact with and assist their stakeholders. Organizational responsiveness is only moderate, and companies often try to divert complainants …
Engaging Reciprocity from the Complainant Customer in the Digital Age
2019
International audience
Available Defences for Defendants in the Provisional Measures in Europe: Between Theory and Practice
2014
The EU Enforcement Directive provides a set of provisional measures to be applied by a request of a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer in order to safeguard the balance of parties. This article discusses available defences for an alleged infringer in provisional measures as provided by the EU Member States when norms of the EU Enforcement Directive are transposed in conjuncture with the available court practice. Specifically, the present article focuses not only on the threshold of evidence to be presented by a plaintiff for application of provisional measures but als…
Available Defences in Provisional measures: Between the Enforcement Directive and National law
2015
AbstractThe EU Enforcement Directive provides a set of provisional measures to be applied upon request from a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer (defendant) in order to safeguard the balance of the parties. This article discusses available defences for an alleged infringer in the provisional measures as provided by the EU Member States when the norms of the EU Enforcement Directive are transposed. Specifically, the present article not only focuses on the threshold of evidence to be presented by a plaintiff for the application of provisional measures, but also in regar…