Update to Assessing Economic Damages in Personal Injury andWrongful Death Litigation: The State of Utah
Abstract Current changes to personal injury and wrongful death litigation in the state of Utah.
THE ECONOMICS AND PERPLEXING UTAH LAW OF PREJUDGMENT INTEREST
The law has long recognized that some grasp of economic principles is required to properly fashion damage rules that accurately compensate injured plaintiffs. Economists are typically qualified to provide judges and juries with expert testimony on this topic, and economic analysis, often filtered through law review commentaries, has long guided the jurisprudence in this area. Moreover, the conceptual issues that arise in damage analysis have many parallels with problems with which economists have grappled for a long time. The issue of delay between an event and a later payment is precisely one of these long-studied economic issues. Accordingly, our analysis of how Utah law deals with delay is informed by substantive economic understanding and methodologies. In Part I, we discuss the role of time in the calculation of damages and set forth three simple economic principles that inform our subsequent analysis of Utah law. Part II describes the determination and application of prejudgment interest that would be consistent with these economic principles. Part III outlines how Utah courts award prejudgment interest. We show that Utah’s approach violates basic economic principles and undermines the well-defined purposes for awarding prejudgment interest. A short conclusion follows as Part IV.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.