Narrow search
Showing 1 - 10 of 194
Cover Image
A Note on Optimal Public Enforcement with Settlements and Litigation Costs
Polinsky, A. Mitchell - 1986
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10012476955
Cover Image
The Welfare Implications of Costly Litigation in the Theory of Liability
Polinsky, A. Mitchell - 1986
One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to …
Persistent link: https://www.econbiz.de/10012477242
Cover Image
The Litigious Plaintiff Hypothesis : Case Selection and Resolution
Eisenberg, Theodore - 1996
A central feature of the litigation process that affects case outcomes is the selection of cases for litigation. In this study, we present a theoretical framework for understanding the operation of this suit selection process and its relationship to the underlying distribution of potential...
Persistent link: https://www.econbiz.de/10012473193
Cover Image
Decoupling Liability : Optimal Incentives for Care and Litigation
Polinsky, A. Mitchell - 1991
A "decoupled" liability system is one in which the award to the plaintiff differs from the payment by the defendant …
Persistent link: https://www.econbiz.de/10012475381
Cover Image
Medical Malpractice : An Empirical Examination of the Litigation Process
Farber, Henry S. - 1990
quality of medical care is an extremely important determinant of deferdants' medical malpractice liability. More generally, we …
Persistent link: https://www.econbiz.de/10012475602
Cover Image
Trial and Settlement : A Study of High-Low Agreements
Prescott, J.J. - 2014
This paper presents the first systematic theoretical and empirical study of high-low agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before the conclusion of a trial, constrains any plaintiff recovery to a specified range. Whereas existing...
Persistent link: https://www.econbiz.de/10012458716
Cover Image
A Shared Interest : Do Bonds Strengthen Equity Monitoring?
Gormley, Todd A.; Jha, Manish - National Bureau of Economic Research - 2024
Institutional investors conduct more governance research and are less likely to follow proxy advisor vote recommendations when a company's bonds comprise a larger share of their assets. These findings are driven by bond holdings, shareholder proposals, and companies where fixed-income managers...
Persistent link: https://www.econbiz.de/10014544807
Cover Image
The Government as Litigant : Further Tests of the Case Selection Model
Eisenberg, Theodore - 1999
We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of...
Persistent link: https://www.econbiz.de/10012471488
Cover Image
Suit and Settlement vs. Trial : A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs
Shavell, Steven - 1981
Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American...
Persistent link: https://www.econbiz.de/10012478459
Cover Image
The Litigation of Financial Innovations
Lerner, Josh - 2008
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to individuals and to smaller,...
Persistent link: https://www.econbiz.de/10012464324