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Many observers suggest that American citizens sue more readily than citizens elsewhere, and that American judges shape society more powerfully than judges elsewhere. We examine the problems involved in exploring these questions quantitatively. The data themselves indicate that American law’s...
Persistent link: https://www.econbiz.de/10011096385
This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information … analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent …. Patents which have survived opposition are more likely to encounter subsequent litigation actions after the granting procedure …
Persistent link: https://www.econbiz.de/10010297398
We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated judge. We consider a standard asymmetric information model where the uninformed defendant makes a take it or leave it offer. If the case goes to trial, the judge decides how...
Persistent link: https://www.econbiz.de/10010500186
to raise a lawsuit in case of an impasse. We …nd thatgreater variance in court outcomes increases the litigation rate and …
Persistent link: https://www.econbiz.de/10009248886
. Finally, we study partial settlements and how they interact with each other in real-world adjudication using new and unique …
Persistent link: https://www.econbiz.de/10011578655
contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … costs of litigation, and may increase the aggregate cost of risk bearing. In this sense, third-party involvement in …
Persistent link: https://www.econbiz.de/10011578658
We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study … litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that …
Persistent link: https://www.econbiz.de/10012211509
enhances property rights and deters future costly litigation. Experimental evidence supports these predictions. Our findings … provide new insights into the incidence of litigation and trial. …
Persistent link: https://www.econbiz.de/10010959987
be exploited by the opponent to build its own argumentation. In this paper we present a litigation success function (LSF …
Persistent link: https://www.econbiz.de/10011212784
law and economics to offer a novel organizational perspective on litigation and private dispute resolution, and develop … hypotheses about the likelihood of litigation in different exchange settings. Our empirical analysis generates three sets of new … end of an exchange relationship, as firms frequently manage to avoid litigation and resolve their disputes privately, and …
Persistent link: https://www.econbiz.de/10011259801