La giurisprudenza milanese sul "risparmio tradito": un'analisi quantitativa

In this article we resort to quantitative research methodologies to identify and evaluate current trends in civil litigation concerning alleged violation of investor protection laws. To this end we examined a dataset of 195 judicial decisions rendered by the Milan Lower Court between 2007 and 2009, in cases brought against investment service providers after three major financial debacles (namely the Argentina, Cirio and Parmalat defaults). The data analysis leads to several meaningful conclusions: besides a general equilibrium between decisions in favor and against plaintiffs - and notwithstanding the traditional respect for the statute of frauds - the amount of attention given to the client's profile and the relevance to substantive arguments demonstrates that judicial decision making is mainly oriented towards corrective justice.