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Pain and suffering quantified: Judge Weinstein's concept of similarity between cases (2013)

Stern, R. B., Kadane, J. B.

Oxford University Press

In: Law, Probability and Risk

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Publication Date: 2013-03-13

Description: Judge Weinstein’s decision in Geressy, Rotolo and Jackson v. Digital Equipment provides a method for determining reasonable compensation regarding pain and suffering. This method relies on selecting a group of cases similar to that of the plaintiff: the ‘normative group’. We perform a statistical analysis on the cases used by Judge Weinstein to understand how he selected the normative group and how this selection relates to the quantification of pain and suffering. Classification trees find a rule that determines the normative group for each of the plaintiffs. Finally, a cumulative link model relates the variables used in the construction of the normative group to the quantification of pain and suffering.

Print ISSN: 1470-8396

Electronic ISSN: 1470-840X

Topics: Mathematics , Law

Published by Oxford University Press

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