Wickelgren, Abraham L. - In: Contributions in Economic Analysis & Policy 3 (2004) 1, pp. 1-20
While it is typically taken for granted that settlement of lawsuits increases social welfare, this paper shows that … settlement can lower welfare. If the defendant has private information about the harm from his action both at the time of the … action and the time of settlement bargaining, then defendants who cause different levels of harm can pay the same settlement …