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Anderlini, Luca; Felli, Leonardo; Immordino, Giovanni - 2018

Persistent link: https://www.econbiz.de/10011919027

Trial and Settlement : A Study of High-Low Agreements

Prescott, J.J. - 2014

This paper presents the first systematic theoretical and empirical study of high-low agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before the conclusion of a trial, constrains any plaintiff recovery to a specified range. Whereas existing...

Persistent link: https://www.econbiz.de/10012458716

Non-comparative versus comparative advertising as a quality signal

Emons, Winand; Fluet, Claude - 2008

Two firms produce a product with a horizontal and a vertical characteristic. We call the vertical characteristic quality. The difference in the quality levels determines how the firms share the market. Firms know the quality levels, consumers do not. Under non-comparative advertising a firm may...

Persistent link: https://www.econbiz.de/10003923372

Strategic communication with reporting costs

Fluet, Claude; Emons, Winand - 2016

A decision-maker relies on information of parties affected by her decision. These parties try to influence her decision by selective disclosure of facts. As is well known from the literature, competition between the informed parties constrains their ability to manipulate information. We depart...

Persistent link: https://www.econbiz.de/10011419483

Modeling a satisficing judge

Engel, Christoph; Güth, Werner - 2015

. Standard theory would want judges to rationally deal with the limitations of the evidence. We posit that this is not only …

Persistent link: https://www.econbiz.de/10011349372

Litigation with Symmetric Bargaining and Two-Sided Incomplete Information

Friedman, Daniel; Wittman, Donald A. - 2003

We construct game theoretic foundations for bargaining in the shadow of a trial. Plaintiff and defendant both have noisy signals of a common-value trial judgment and make simultaneous offers to settle. If the offers cross, they settle on the average offer; otherwise, both litigants incur an...

Persistent link: https://www.econbiz.de/10011509331

An Empirical Analysis of Litigation with Discovery

van Boening, Mark - 2017

uninformed defendant may engage in costly discovery. Under the theory, the defendant should invoke the costly discovery procedure …% of all negotiations, which is strongly in the direction implied by theory. However, rather than lowering the defendant … theory, extract the entire surplus from settlement with his offer and because there are excess disputes not predicted by the …

Persistent link: https://www.econbiz.de/10012968586

Why Plaintiffs' Attorneys Use Contingent and Defense Attorneys Fixed Fee Contracts

Emons, Winand - 2016

Victims want to collect damages from injurers. Cases differ with respect to the judgment. Attorneys observe the expected judgment, clients do not. Victims need an attorney to sue; defense attorneys reduce the probability that the plaintiff prevails. Plaintiffs' attorneys offer contingent fees...

Persistent link: https://www.econbiz.de/10013006109

Bayesian Manipulation of Litigation Outcomes

Guerra-Pujol, F. E. - 2016

In our previous work (Guerra-Pujol, 2011), we presented a general Bayesian model of the litigation process and concluded that "regardless of the operative rules of procedure and substantive legal doctrine, litigation outcomes [are] a highly reliable indicator of a defendant's [actual] guilt." By...

Persistent link: https://www.econbiz.de/10013006510

Who Benefits from the Uniformity of Lawyers' Contingent Fee Rates?

Zamir, Eyal - 2016

Lawyers' Contingent Fee (CF) rates are rather uniform, often one-third of the recovery. Arguably, this uniformity is a type of anti-competitive price-fixing, which results in clients paying supra-competitive fees. This paper challenges this argument. It shows that uniform CF rates provide...

Persistent link: https://www.econbiz.de/10013007081