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defendants, but has not examined how they affect deterrence. This paper examines whether there are circumstances under which … frivolous suits might actually increase deterrence, and thereby possibly improve welfare. The reason this is possible is that in … plaintiffs. The fact that some uninjured plaintiffs will succeed in obtaining settlements may therefore affect the care and …
Persistent link: https://www.econbiz.de/10011079303
defendants, but has not examined how they affect deterrence. This paper considers whether there are circumstances under which … frivolous suits might actually increase deterrence, and thereby possibly improve welfare. The reason this is possible is that in … plaintiffs. The fact that some uninjured plaintiffs will succeed in obtaining settlements may therefore affect the care and …
Persistent link: https://www.econbiz.de/10011039756
Persistent link: https://www.econbiz.de/10010516033
demand. Such an outcome is established for a scenario in which the number of cases is endogenous based on the deterrence …
Persistent link: https://www.econbiz.de/10011261853
This paper re-examines the social versus private value of lawsuits when both injurers and victims can take care. The … possibility of victim care does, however, alter the calculation of the deterrent effect of lawsuits. In particular, because … increases in direct relation to the productivity of victim care in lowering accident risk. …
Persistent link: https://www.econbiz.de/10005746055
The private value of lawsuits is based on plaintiffs' expected recovery at trial compared to their filing costs, whereas the social value consists of the incentives suits create for injurers to invest in accident avoidance. Generally, there is no relationship between these two values: there may...
Persistent link: https://www.econbiz.de/10005800289
This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to...
Persistent link: https://www.econbiz.de/10009643892
This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to...
Persistent link: https://www.econbiz.de/10008914160
costs into the model provides a justification for punitive damage caps. At the optimum, caps balance deterrence against the …
Persistent link: https://www.econbiz.de/10008685077
of producing deterrence and driving the market towards an efficient outcome. In this vein, the paper argues that class …
Persistent link: https://www.econbiz.de/10008471560