. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and … predicts that the impact of fragmentation on settlement duration should be smaller under CAFC. We confirm these predictions …-2000. Finally, we analyze how fragmentation affects total settlement delay, taking into account both reduction in duration per …

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its … main themes. The chapter begins by introducing the basic economic framework for studying litigation and out …-of-court settlement. One set of issues addressed is positive (or descriptive) in nature. Under what conditions will someone decide to file …

We model the settlement of a legal dispute when the trial outcome depends on the behavior of a strategically motivated … informed plaintiff. If the parties cannot agree on a settlement and the case goes to trial, the judge decides how much effort … occurs. We also show that the judge prefers the low effort equilibria with high settlement rate and argue that a “managerial …

transactions should increase litigation risk. We identify a new source of gains from trade, comparative advantage in patent … enforcement, and show that transactions driven by this motive should reduce litigation. Using data on trade and litigation of … effect of trade on litigation. We find that taxes strongly affect patent transactions, and that reallocation of patent rights …

In this paper we consider the effects of legal-expenses insurance on settlement. Using a one-shot asymmetric …-the-event insured, after-the-event insured or self-funded. We investigate the effects of insurance on settlement probabilities …" element of the insurance. Our results exhibit that insurance increases the plaintiff's expectation on settlement amount but …

. Fourth, we treat the subject of civil litigation, that is, the bringing of lawsuits, and their settlement or disposition at …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and … additional topics relating to litigation. Fifth, we consider public enforcement of law, focusing on the level of law enforcement …

We propose a novel explanation for how pre-trial mediation might increase the likelihood of settlement. The mediator … reveal information and increases settlement rates. We then compare total dispute resolution costs without mediation, with …

rely on the attorney’s recommendation. We show that under contingent fees there will generally be excessive litigation. In … contrast, an hourly fee implements the efficient amount of litigation. …