# kaal:claim:2029983-029

**Claim.** The WCAM's structural limits could reduce the number of successful settlements: while the largest cases such as Shell and Fortis give plaintiffs enough leverage to force large settlements, smaller cases may not be successfully settled in Dutch courts.

**Type.** failure  **Support.** argued

**Holds when.**

- smaller claims with limited settlement leverage

**Source quote.**

> While the largest cases, such as Shell and Fortis, would probably still provide sufficient lev- erage for the plaintiffs to result in large settlements with de- fendants, smaller cases may not be successfully settled in Dutch courts.

**From.** Wulf A. Kaal, Richard W. Painter, *Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral* (2012), II.B.4. Countervailing Factors, page 54

**Cite as.** Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

**Verify.** sha256 of source PDF `fde2ff611420eb283cbb49a6b681a2ae8efa2b4603ae71480e2d91483f0295f2` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20and%20Painter%20-%202012%20-%20Forum%20Competition%20and%20Choice%20of%20Law%20Competition%20in%20Securities%20Law%20after%20Morrison%20v.%20National%20Austral.pdf

**Failure mode.** small-case-settlement-gap  (family: investor-protection-gap)

**Topics.** institutional-design

**Keywords.** wcam, netherlands, settlements, case-selection

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