Showing 1 - 10 of 162
We present a model where divorcing spouses can choose to hire lawyers in their divorce process. Spouses encounter incentives as in the classical prisoners' dilemma: Despite the zero sum nature of the game and the lawyers' fees, each spouse has an incentive to hire a lawyer. We propose a simple...
Persistent link: https://www.econbiz.de/10010294602
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
The appellate review system is intended to serve as an efficient remedy for imperfect judicial decision making. However, it can fulfill this task only when appeals are filed solely due to bad verdicts and are ex-ante unpredictable based on factors that are exogenous to the judge. Using data from...
Persistent link: https://www.econbiz.de/10011310656
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011335362
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
A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of …
Persistent link: https://www.econbiz.de/10010324483
and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …
Persistent link: https://www.econbiz.de/10010325161
The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical...
Persistent link: https://www.econbiz.de/10010326762
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
This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO patents. We demonstrate several novel methods of...
Persistent link: https://www.econbiz.de/10010333818