See: litigious
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It is another story that this process is riddled with shortcomings, not the least is the litigatory obstacles stalling the processes.
Defendants who frustrate collective litigation procedures create, in essence, litigatory damages--the plaintiffs' case is worth less, and sometimes much less, than it should be.
The preferability of a regulatory solution rather than a litigatory solution to climate change risks also parallels the trajectory of interventions affecting environmental tobacco smoke.
Litigatory solutions to problems that should be governed by regulatory policies also entail substantial transactions costs.
Supreme Court in Gregg was its focus on litigatory proceedings and its reluctance to institute reforms within the auspices of legal policy operatives that have hitherto been exempt from official judicial remedy.
Through these various regulatory and litigatory initiatives, the exposure of the U.
In this context the defendant's harmful activity makes prospective litigation less effective; hence, the price on this externality can be referred to as litigatory damages.
While the idea of compensable litigatory damages may sound extreme at first, it is not dissimilar from conventional solutions to other types of externalizing behavior.
In the current context, the litigatory damages should match the savings that the defendant reaped from the business conduct that prevented effective collective litigation.
This litigatory damages response is analytically sound.
Nonetheless, they seem to be more easily implemented than imposing litigatory damages.
Through these regulatory and litigatory initiatives, the exposure of the U.