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We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10010383020
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10010264913
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10010333784
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10004989625
. -- litigation ; settlement ; bargaining ; contracting with externalities ; derivative suits ; public goods …We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the …
Persistent link: https://www.econbiz.de/10003612886
We exploit a controlled frameless laboratory experiment to study settlement negotiations and the plaintiff's decision … to raise a lawsuit in case of an impasse. We find that greater variance in court outcomes increases the litigation rate … and lowers the settlement rate. This latter finding goes against the received wisdom and earlier experimental evidence …
Persistent link: https://www.econbiz.de/10010281632
promotes unnecessary litigation (Dodson, 2000), the escalation of liability insurance premiums and over-deterrence. In an … strategic model of liability and litigation that incorporates agency problems between the plaintiff and its attorney and court … deterrence and litigation outcomes and find a predictability threshold beyond which the deterrence effect of punitive awards …
Persistent link: https://www.econbiz.de/10005699597
that reforms that reduce the firm's expected litigation loss also affect the firm's expenditures on accident prevention … on liability and litigation and extends it in a number of ways. First, we incorporate the split-award statute into the … framework. Second, we establish sufficient conditions for a unique litigation stage equilibrium that survives the universal …
Persistent link: https://www.econbiz.de/10005699599
, plaintiffs are more willing to accept lower settlement offers and therefore, the firm's expected litigation loss is lowered under … significantly higher when bargaining is performed under the split-award institution. Defendant's litigation expenses and plaintiff … this statute. It is important to note, however, that the reduction in the firm's expected litigation loss will affect its …
Persistent link: https://www.econbiz.de/10005702607
Gambling for the Upper Hand - Settlement Negotiations in the Lab …We exploit a controlled non-framed laboratory experiment to study settlement negoti- ations and the plaintiff …'s decision to raise a lawsuit in case of an impasse. We find that greater variance in court outcomes increases the litigation …
Persistent link: https://www.econbiz.de/10009001281