Showing 1 - 10 of 47
study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk …
Persistent link: https://www.econbiz.de/10011388191
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10010333784
exist any verifiable performance signal. It is shown that ex-post litigation can restore incentives of the agent. Moreover …, when the litigation can be settled by the parties the pure threat of using the legal system may suffice to make the … situations where the agent is protected by limited liability, where the parties have different technologies in the litigation …
Persistent link: https://www.econbiz.de/10010333984
lawfulness are ascertained in a final court ruling at trial—is an important litigation instrument in many areas of the law …
Persistent link: https://www.econbiz.de/10012056326
information model of litigation, we scrutinize the litigants' interactions under the situations that the plaintiff is before …
Persistent link: https://www.econbiz.de/10014585272
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …
Persistent link: https://www.econbiz.de/10010264913
This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under … the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and … settlement requests are higher for more spiteful participants. The relative increase in litigation expenditures due to spite is …
Persistent link: https://www.econbiz.de/10014290200
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
Settlements are often considered to be welfare-enhancing because they save time and litigation costs. In the presence … which will not occur if a dispute is settled out of court. Focusing on private litigation, we examine the impact of court … offset the positive externality of litigation. …
Persistent link: https://www.econbiz.de/10010316071
to raise a lawsuit in case of an impasse. We find that greater variance in court outcomes increases the litigation rate …
Persistent link: https://www.econbiz.de/10010281632