Search Results (200)

Defects occurring during the maintenance phase of residential buildings not only undermine the quality of life of residents but also lead to disputes with contractors, which often escalate into litigation rather than being resolved through alternative dispute resolution (ADR), thereby increasing social and economic burdens. While previous studies have mainly focused on identifying the causes of defects, developing classification systems, and improving institutional frameworks, few have sought to predict litigation outcomes from precedent data to support decision-making during pre-litigation dispute resolution. This paper proposes a natural language processing-based multimodal and multitask prediction model that learns from precedent data using information available prior to litigation, such as the claims and evidence of plaintiffs and defendants and the claimed amounts. The proposed model simultaneously predicts judgment outcomes and grant ratios in defect-related disputes and can help to enhance the persuasiveness and voluntariness of ADR by informing parties about the likelihood of settlement and the potential risks of litigation. Furthermore, this paper proposes a decision-support framework for rational and evidence-based dispute resolution which can reduce stakeholder uncertainty and ultimately lower the frequency of litigation related to residential building defects. Full article

Contractual agreements often contain clauses that are unfair, creating unjust suffering in one party to the agreement. ContractNerd leverages advanced Large Language Models (LLMs) to analyze contractual agreements and identify issues across four categories: missing clauses, unenforceable clauses, legally sound clauses, and legal but risky clauses. By using a structured methodology that integrates LLM-based clause comparison, enforceability checks against jurisdiction-specific regulations, and assessments of risk-inducing traits, ContractNerd provides a comprehensive analysis of contractual terms. To evaluate the tool’s effectiveness, we compare its analyses with those from existing platforms on rental clauses that have led to court litigation. ContractNerd’s interface helps users (both drafters and signing parties) to navigate complex contracts, offering actionable insights to flag legal risks and disputes. Full article

Disputes are common in the intricate professional setting of the construction sector. When claims cannot be resolved kindly, they often escalate into conflicts that result in litigation. Identifying the root reasons of these claims and understanding their effects on project timelines, costs, and quality can help prevent poor performance in construction contracts. This study makes a unique contribution by developing a cause of claims breakdown structure (CCBS) that systematically categorizes the most frequent roots of claims identified in the building sector through an extensive literature review, and by subsequently assessing these categories using expert-based relative importance indices (RII). Using relative importance indices derived from specialist opinions, the research provides likelihood and influence quantities for 15 typical claim sources in the building sector. These values offer stakeholders in public construction projects a framework for assessing risks and planning mitigation strategies for construction claims. The study reveals the five most significant risk factors for contractual claims in the Kuwait building sector. These issues are ambiguities in contract language, followed by weather-related disruptions, ineffective communication among stakeholders, inadequate planning, and regulatory changes. Full article

Lump sum compensatory damages awarded through court adjudication are regarded as the proper result of tort personal injury litigation delivering corrective justice to worthy plaintiffs and delivering public statements of moral blameworthiness. In this article, we show that the problem of premature dissipation of lump sum compensation is a problem of ‘private’ tort law and also of the public aspect of private tort law. We argue that the theoretical account that corrective justice for personal injury occurs by the delivery of lump sum damages is heavily compromised by how rarely plaintiffs are likely to receive what might be considered a full measure of damages compared to the wrong and harm suffered. In addition, the reality that those ‘reduced’ damages are delivered via confidential settlement diminishes the public aspects of tort law. We show that the premature dissipation of lump sum damages by injured plaintiffs is a wicked problem caused by many intersecting factors including aspects of tort law (common law and statutory); institutional factors; the impact of early settlement of claims; treatment of legal costs; the interaction between tort law and other systems such as social security; and factors personal to plaintiffs. Full article

Cataract surgery is the most common eye operation worldwide and is regarded as one of the safest procedures in medicine. Yet, despite its low complication rates, it generates a disproportionate share of litigation. The gap between excellent safety profiles and rising medico-legal claims is driven less by surgical outcomes than by patient expectations, often shaped by healthcare marketing and the promise of risk-free recovery. This narrative review explores the clinical and legal dimensions of cataract surgery, focusing on complications, perioperative risk factors, and medico-legal concepts of predictability and preventability. Particular emphasis is given to European frameworks, with the Italian Gelli-Bianco Law (Law No. 24/2017) providing a model of accountability that balances innovation and patient safety. Analysis shows that liability exposure spans all phases of surgery: preoperative (inadequate consent, poor documentation), intraoperative (posterior capsule rupture, zonular instability), and postoperative (endophthalmitis, poor follow-up). Practical strategies for risk reduction include advanced imaging such as macular OCT, rigorous adherence to updated guidelines, systematic video recording, and transparent perioperative communication. Patient-reported outcomes further highlight that satisfaction depends more on visual quality and dialogue than on spectacle independence. By translating legal principles into clinical strategies, this review offers surgeons actionable “surgical–legal pearls” to improve outcomes, strengthen patient trust, and reduce medico-legal vulnerability in high-volume cataract surgery. Full article

The objectives of the class action procedural device and the tort of negligence overlap in that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action procedure facilitate the fulfilment of these dual aims? This article explains how the class action aids compensation and deterrence, but also addresses the significant issues that hinder the class action’s effectiveness in meeting its compensatory and deterrence aims in an Australian and New Zealand context. It concludes by laying the foundation for further research to improve the effectiveness of class actions or by possibly adopting supplementary or alternative remedial/regulatory procedures. Full article

Several European courts have vested mitigation obligations with a hierarchically higher legal rank than ordinary state action. They construe these obligations from human rights in combination with international commitments and climate science. This phenomenon is here called ‘climate constitutionalisation’. In addition, we see an increasing escalation of climate cases to the European Court of Human Rights (ECtHR) and we now have the advisory opinion of the International Court of Justice (ICJ). Climate constitutionalisation in Europe is an incremental process of replication and reiteration. It can only be understood by studying the developing body of national case law in the context European and international law. Studying general emission reduction cases against states in Europe, this paper traces how non-enforceable legal norms, political commitments, and climate science are used to interpret binding and enforceable human rights norms. It reflects on the present and future consequences of the ECtHR’s decision in KlimaSeniorinnen and ICJ’s Advisory Opinion on climate obligations. The paper argues that Europe’s multilayered legal and judicial landscape strengthens climate constitutionalisation and herewith deepens the fault line between the judiciary and the elected institutions. Europe’s openness towards international law facilitates this process. The paper then offers tentative normative justifications for this process. Full article

Environmental, Social, and Governance (ESG) ratings are widely used for investment and regulatory decision-making, yet they often suffer from symbolic compliance and information asymmetry. To address these limitations, this study introduces a hybrid ESG risk assessment model that integrates court ruling data with traditional ESG ratings to detect latent sustainability risks. Using a dataset of 213 ESG-related U.S. court rulings from January 2023 to May 2025, we apply natural language processing (TF-IDF, Legal-BERT) and explainable AI (SHAP) techniques to extract structured features from legal texts. We construct and compare classification models—including Random Forest, XGBoost, and a Legal-BERT-based hybrid model—to predict firms’ litigation risk. The hybrid model significantly outperforms the baseline ESG-only model in all key metrics: F1-score (0.81), precision (0.79), recall (0.84), and AUC-ROC (0.87). SHAP analysis reveals that legal features such as regulatory sanctions and governance violations are the most influential predictors. This study demonstrates the empirical value of integrating adjudicated legal evidence into ESG modeling and offers a transparent, verifiable framework to enhance ESG risk evaluation and reduce information asymmetry in sustainability assessments. Full article

Land disputes pose a severe challenge for many developing countries worldwide. Understanding the driving factors of land disputes is crucial for social stability and sustainable development. China is one of the countries with the most severe situations of land disputes. This paper evaluates the land dispute intensity (LDI) across 30 provinces in China from 2011 to 2022. Using the GBDT model and interpretability methods, this study reexamines the importance of multidimensional variables in LDI, while also uncovering their nonlinear and interaction effects. The results show that LDI across 30 provinces generally and continuously increased after 2014, with this trend being notably curbed after 2019. In terms of the driving factors of LDI, the number of specialized farmers’ cooperatives plays the most critical role (mean |SHAP value| = 0.4). Variables such as share of primary industry, coverage of land transfer service centers, and agricultural product price index also exert a stronger influence on LDI. Clear nonlinear effects on LDI are observed for the agricultural product price index, the number of specialized farmers’ cooperatives, and the mediation rate of non-litigation disputes. In terms of interaction effects, when the mediation rate of non-litigation disputes is lower than 0.9, increases in the number of specialized farmers’ cooperatives and coverage of land transfer service centers tend to enhance their influence on raising LDI. When the ratio of cultivated land transfer is below 0.3, an increase in coverage of land transfer service centers is associated with a stronger effect in reducing LDI. Overall, this study uses the GBDT model, Shapley additive explanation (SHAP), and partial dependency plots (PDPs) to identify the main driving factors of land disputes. This paper can provide valuable references for developing countries and regions worldwide in addressing land disputes and conflicts. Full article

Background: Examining medico-legal cases within hospitals aids in identifying care-related problems, facilitating necessary corrections and emphasizing successful preventive measures. The case of Meyer Children’s Hospital is particularly noteworthy as it offers insights into the evolution of litigation in regard to a tertiary pediatric hospital. Methods: The study sample comprised 158 malpractice claims received by Meyer Children’s Hospital from 1 January 2010 to 31 December 2023, which were managed by the Claims Management Committee (CMC) responsible for civil liability within the hospital. In this observational retrospective study, the following variables were analyzed: (1) The characteristics of the patients (age–sex) and the manner in which they interacted with the hospital, ultimately resulting in the compensation claim (method of access, area of specialty, outcomes based on the International Classification of Patient Safety (ICPS)). (2) Medico-legal factors: the details of the compensation claim, the significant issues noted in various cases, and the findings of the medico-legal inquiry conducted by the CMC. In cases of ADR (Alternative Dispute Resolution), we evaluated the nature of the procedure, the results, and the amount of compensation awarded. Results: We conducted a descriptive statistical analysis to delineate the trend of claims and identify specific deficiencies within structures or departments over time. Invasive procedures and surgical operations were identified as the leading causes of accidents, resulting in heightened mortality rates and serious injuries. The most common errors observed were diagnostic and therapeutic. Conclusions: The data that emerged highlighted a low rate of claims (11.28/year) and a low claim/service ratio (0.0002%), suggesting a high level of safety of patient care at the hospital. The acceptance rate (32%), the percentage of rejected cases (48/158~30% of total, or 48/99~49% of resolved claims), the average compensation (EUR 68,312), and the percentage of cases (92%) with judicial opinions consistent with those of the CMC indicate a tendency to pursue exploratory compensation requests and the effectiveness of CMC’s activity. Meanwhile, the predominant error types (surgical and diagnostic) are in accordance with national and international data. Finally, the scarcity of disputes concerning informed consent reflects the impressive effectiveness of the communication strategies utilized by the pediatricians at this center. Full article

This article examines the historical evolution, contemporary dynamics, and future trajectory of China’s legal and judicial framework for pangolin protection. By reviewing over seventy years of regulatory changes, case law, and policy implementation, it outlines three distinct phases: the early emphasis on pangolins as medicinal and export resources (1949–1989); the phase of conflicted protection and utilization under regulatory expansion (1989–2020); and the post-2020 shift toward judicial activism and ecological civil litigation. We then highlight the long-standing contradiction between legislative protection and continued medicinal use, particularly the centuries-old use of pangolins and their derivatives in traditional Chinese medicine, a practice still acknowledged within certain state policies and regulatory frameworks, showing how these inconsistencies enabled persistent illegal exploitation despite regulatory controls. Through systematic analysis of public court records and case databases, the policy historical records reveal a marked increase in environmental public interest litigation since 2020. These lawsuits, often attached to criminal prosecutions, signal a transition from merely punitive approaches to restorative ones—anchored in ecological valuation of species and their services. Case studies illustrate how courts now impose not only wildlife resource loss fees, but also punitive damages and compensation for ecological service function loss. The article will elaborate in detail on the distinctions and interrelations among these types of compensation. The landmark Case No.17 also demonstrates this paradigm shift, wherein courts recognized pangolins’ role in balancing forest ecosystems. However, significant challenges persist. Valuation methodologies lack uniform standards; while the ecological value of pangolins has been recognized, their inherent value as individuals has not been emphasized within the legal system; judicial discretion varies across jurisdictions; and public interest organizations remain underutilized in litigation. Moreover, while the crackdown on organized crime succeeded in curbing mass trafficking, smaller-scale violations tied to cultural consumption for medicine use persist. The article concludes that judicial innovations, such as ecological judicial restoration bases and integration into China’s draft Ecological Environment Code, offer promising pathways forward. To enhance efficacy, it calls for standardization in ecological valuation, strengthened civil society participation, and nuanced differentiation in penal strategies between minor and serious offenses. This study ultimately positions judicial reform as the cornerstone of China’s evolving pangolin conservation strategy. Full article

The agony of medical negligence for all involved is well documented. Health practitioners involved in harm events are described in the literature as “second victims”. Injured patients report that clinical negligence litigation is traumatic, slow, expensive, and does not meet their needs. Clinical negligence lawyers have complained that healthcare injury cases are so complex and expensive that many firms do not accept these cases. This article uses a qualitative case study research design to analyse two cases from the United States of America (US) to explore the promise of an alternative resolution process: the communication-and-resolution program (CRP). CRPs involve the hospital disclosing the healthcare injury, investigating and explaining what happened, apologising and, sometimes, offering compensation to injured patients and families. In the US, CRPs have not replaced tort law. The two case studies analysed in this article offer a rare insight into the accounts of those who have experienced clinical negligence and an alternative non-litigation approach. The case study approach delves into the detail, providing an in-depth glimpse into the complexity of healthcare injuries in their real-life context. The case studies provide valuable lessons for reshaping resolution processes to better meet injured patients’ needs. Full article

The ongoing degradation of global forests has severely weakened ecosystem service functions, and traditional judicial remedies have struggled to quantify intangible ecological losses. China has become an important testing ground for restorative justice through the establishment of specialized environmental courts and the practice of environmental public interest litigation. Since 2015, China has actively explored and institutionalized the application of the concept of restorative justice in its environmental justice reform. This concept emphasizes compensating environmental damages through actual ecological restoration acts rather than relying solely on financial compensation. This shift reflects a deep understanding of the limitations of traditional environmental justice and an institutional response to China’s ecological civilization construction, providing critical support for forest ecosystem restoration and enabling ecological restoration activities, such as replanting and re-greening, habitat reconstruction, etc., to be enforced through judicial decisions. This study conducts a qualitative analysis of judicial rulings in forest restoration cases to systematically evaluate the effectiveness of restorative justice in compensating for losses in forest ecosystem service functions. The findings reveal the following: (1) restoration measures in judicial practice are disconnected from the types of ecosystem services available; (2) non-market values and long-term cumulative damages are systematically underestimated, with monitoring mechanisms exhibiting fragmented implementation and insufficient effectiveness; (3) management cycles are set in violation of ecological restoration principles, and acceptance standards lack function-oriented indicators; (4) participation of key stakeholders is severely lacking, and local knowledge and professional expertise have not been integrated. In response, this study proposes a restorative judicial framework oriented toward forest ecosystem services, utilizing four mechanisms: independent recognition of legal interests, function-matched restoration, application of scientific assessment tools, and multi-stakeholder collaboration. This framework aims to drive a paradigm shift from formal restoration to substantive functional recovery, providing theoretical support and practical pathways for environmental judicial reform and global forest governance. Full article

Purpose: This study aims to provide a comprehensive and objective view to investigate whether the motives of strong financial managers to adopt an accounting conservatism strategy have significant effects on improving financial growth opportunities in the context of banks listed on the Saudi Stock Exchange, while knowing how this relationship is affected by litigation risks. Design/Methodology/Approach: Using data from Saudi financial databases, this study examines how litigation risk moderates the relationship between accounting conservatism and financial growth in Saudi listed banks. Basu’s (1997) model and accrual-based metrics measure conservatism, whereas assets, liabilities, and business age are used to measure financial growth. Litigation risk factors included previous lawsuits. Validity was ensured using fixed-effects regression and robustness tests. Findings: The study found that accounting conservatism has a mixed impact on financial growth, litigation risk moderates the relationship between conservatism and financial growth, and litigation risk has a positive impact on accounting conservatism. Practical Implications: Use a balanced strategy to maintain accounting conservatism, lower litigation risk while maintaining the accuracy of financial statements, take legal risk into account when evaluating the quality of financial reporting, increase transparency without impeding growth, create guidelines tailored to a particular bank, and fortify governance to reduce lawsuits while permitting long-term financial growth. Originality/Value: In order to bridge the gap between conservatism strategies and long-term financial stability in emerging economies, this study examines how managerial decisions in accounting conservatism affect the financial growth of Saudi banks, incorporating litigation risk as a moderating factor. It also contributes to financial policies, risk management, and regulations. Full article

Engineering contract management is a critical component of project management systems, serving as a key mechanism for ensuring successful project implementation. This study systematically analyzes 349 s-instance judicial cases related to construction engineering contract disputes in the Yangtze River Delta Economic Zone from 2017 to 2021, based on data obtained from the China Judgments Online database. The research identifies contractual risk characteristics across dimensions such as regional distribution, dispute terminology, legal citation patterns, and appellate role transitions. The key findings include the following: (1) Primary risks involve payment disputes, quality assurance failures, contractual validity issues, and schedule compliance challenges. (2) Litigation patterns reveal complex interdependencies between contracting parties and stakeholders, posing significant risk management challenges. (3) High second-instance modification rates stem from procedural irregularities, new evidence, improper legal application, and factual errors in initial trials. The study proposes stratified risk mitigation strategies, including governmental regulatory improvements and enterprise-level management optimizations. These findings offer valuable insights into advancing risk governance in construction contract administration, particularly through an enhanced understanding of dispute complexity and systemic vulnerabilities. Full article