Showing 1 - 10 of 4,547
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...
Persistent link: https://www.econbiz.de/10013555697
A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed to trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus...
Persistent link: https://www.econbiz.de/10011578655
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. The opportunity for contingent contracting decreases the settlement rate and increases the...
Persistent link: https://www.econbiz.de/10011578658
Persistent link: https://www.econbiz.de/10001857846
This article translates and extends Becker (1968) from public law enforcement to private litigation by examining optimal legal system design in a model with private suits, signals of case strength, court error, and two types of primary behavior: harmful acts that may be deterred and benign acts...
Persistent link: https://www.econbiz.de/10011772058
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 the patent is valid; a presumption that the patent...
Persistent link: https://www.econbiz.de/10012211509
When firms collude and charge supra-competitive prices, consumers can bring antitrust lawsuits against the firms. When the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high, the firms lower the price to deter litigation. Class...
Persistent link: https://www.econbiz.de/10012120107
Persistent link: https://www.econbiz.de/10000716194
Persistent link: https://www.econbiz.de/10011919027
Persistent link: https://www.econbiz.de/10015396389