TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Wednesday, March 8, 2023

Erichson on Victim Civil Litigation and Corporate Accountability

Howard Erichson has posted to SSRN Victim Civil Litigation and the Elusive Goal of Corporate Accountability.  The abstract provides:

This article, written for the Clifford Symposium on Tort Law and Public Policy, examines the challenges of using victim civil litigation to hold corporations accountable for serious wrongdoing. First, it offers thoughts on defining the terms of victim civil litigation, corporate wrongdoing, and corporate accountability. Next, taking seriously the distinction between accountability grounded in punishing the wrongdoer and accountability grounded in providing redress to victims, it considers four major hurdles and how they interfere with each kind of accountability. It calls these hurdles the information asymmetry problem, the collective action problem, the Whac-a-Mole problem, and the agency problem. Using the Wells Fargo story as an illustration, it offers a view into treating victim civil litigation as one tool—important but insufficient on its own—for holding corporations accountable for serious wrongdoing.

Scholarship | Permalink


Post a comment