IDEAS home Printed from https://ideas.repec.org/a/oup/amlawe/v17y2015i1p214-244..html
   My bibliography  Save this article

Trial Incentives in Sequential Litigation

Author

Listed:
  • Dan Bernhardt
  • Frances Zhiyun X. Lee

Abstract

We analyze when and why trials can emerge in equilibrium when a defendant may face future plaintiffs. An initial trial serves as an experiment that the defendant can run to induce subsequent potential plaintiffs to learn about their chances of winning. The initial case may go to trial when a favorable trial outcome for the defense can deter potential future plaintiffs from filing lawsuits. Possible future meritless lawsuits further raise the attraction of an initial trial. We also derive the impact of the plaintiff's bargaining power and the heterogeneity in the body of future plaintiffs.

Suggested Citation

  • Dan Bernhardt & Frances Zhiyun X. Lee, 2015. "Trial Incentives in Sequential Litigation," American Law and Economics Review, American Law and Economics Association, vol. 17(1), pages 214-244.
    • Handle: RePEc:oup:amlawe:v:17:y:2015:i:1:p:214-244.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/aler/ahu012
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Bar, Talia & Kalinowski, Jesse, 2019. "Patent validity and the timing of settlements," International Journal of Industrial Organization, Elsevier, vol. 67(C).

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:amlawe:v:17:y:2015:i:1:p:214-244.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/aler .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.