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Financially-constrained lawyers: an economic theory of legal disputes

Landeo, Claudia; Nikitin, Maksim I. - In: Games and economic behavior 109 (2018), pp. 625-647

Persistent link: https://www.econbiz.de/10012173250

Patent Litigation Settlement in Germany - Why Parties Settle During Trial

Cremers, Katrin - 2015

This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts. Using a new dataset covering about 80% of all patent litigation cases in Germany between 2000 and...

Persistent link: https://www.econbiz.de/10013036139

A comprehensive theory of civil settlement

Prescott, James J.; Spier, Kathryn E. - 2016

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

Private Litigation in a Public Law Sphere : The Standard of Review in Investor-State Arbitrations

Burke-White, William W.; von Staden, Andreas - 2010

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …

Persistent link: https://www.econbiz.de/10014204422

Spite in litigation

Mill, Wladislaw; Stäbler, Jonathan - 2023

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

Discovery and Disclosure in a Signaling Model of Final Offer Arbitration

Farmer, Amy - 2019

We develop a signaling model of final offer arbitration (FOA) in which the informed party makes the final settlement …

Persistent link: https://www.econbiz.de/10012868080

The Effect of Third-Party Funding of Plaintiffs on Settlement

Daughety, Andrew F. - 2013

In this paper we use a signaling model to analyze the effect of (endogenously-determined) third-party non-recourse loans to plaintiffs on settlement bargaining when a plaintiff has private information about the value of her suit. We show that an optimal loan (i.e., one that maximizes the joint...

Persistent link: https://www.econbiz.de/10013088917

Do judges react to the probability of appellate review? : empirical evidence from trial court procedures

Berlemann, Michael; Christmann, Robin - 2014

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/10010489300

The Economics of Judicial Proof (L'Economie de la Preuve Judiciaire) (French)

Fluet, Claude - 2011

This article develops a simple model using the economist's toolkit to analyze the mechanism of judicial proof. The survey focuses on the notions of burden of proof, legal presumptions, standard of proof, on legal procedure and on the judge's role during the proceedings. The rules of proof are...

Persistent link: https://www.econbiz.de/10013130638

Adversarial Bias and Court-Appointed Experts in Litigation

Kim, Chulyoung - 2018

We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off:...

Persistent link: https://www.econbiz.de/10012912049