We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …

Gambling for the Upper Hand - Settlement Negotiations in the Lab …We exploit a controlled non-framed laboratory experiment to study settlement negoti- ations and the plaintiff …'s decision to raise a lawsuit in case of an impasse. We find that greater variance in court outcomes increases the litigation …

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. …

lawfulness are ascertained in a final court ruling at trial—is an important litigation instrument in many areas of the law … settlement decisions. We consider these implications when there is uncertainty about both the plaintiff's damages as well as the … settlement. A precursor to this analysis is the study of the strategic role of preliminary injunctions as a means to signal the …

' beliefs about fairness and lower out-of-court settlement amounts. …

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 …

We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …

We compare patent litigation cases across four European jurisdictions - Germany, France, the Netherlands, and the UK … considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only …

profit from litigation while defendants agreeing upon a settlement deal lose as much as defendants losing in trial. I further …I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting … the functioning of the bifurcated German patent litigation system: The separation of litigation and invalidity decisions …