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Litigation and Pretrial Negotiation under Incomplete Information

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Author Info
Wang, Gyu Ho
Kim, Jeong-Yoo
Yi, Jong-Goo

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Abstract

We formulate a pretrial negotiation problem as an infinite-horizon bargaining model with one-sided uncertainty and alternating offers, with the informed party having an outside option. The plaintiff has private information and also has an outside option of "going to court." The defendant moves first. We show that there exists a unique sequential equilibrium. In equilibrium, when the defendant makes an offer, all the plaintiffs whose net recovery from litigation is greater (smaller) than the offer, reject it (accept it) and go to court next period. Hence, along the equilibrium path, the game lasts at most two periods. Copyright 1994 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal Journal of Law, Economics and Organization.

Volume (Year): 10 (1994)
Issue (Month): 1 (April)
Pages: 187-200
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Handle: RePEc:oup:jleorg:v:10:y:1994:i:1:p:187-200

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  1. Christopher C. Klein, 2007. "Anticompetitive Litigation and Antitrust Liability," Working Papers 200713, Middle Tennessee State University, Department of Economics and Finance. [Downloadable!]
  2. Andrew F. Daughety & Jennifer F. Reinganum, 2000. "Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases," Working Papers 0001, Department of Economics, Vanderbilt University, revised Mar 2001. [Downloadable!]
    Other versions:
  3. Abraham L. Wickelgren, 2004. "A Model of Welfare-Reducing Settlement," The B.E. Journal of Economic Analysis & Policy, Berkeley Electronic Press, vol. 0(1). [Downloadable!]
  4. Chopard, Bertrand & Cortade, Thomas & Langlais, Eric, 2008. "Trial and settlement negotiations between asymmetrically skilled parties," MPRA Paper 8995, University Library of Munich, Germany. [Downloadable!]
    Other versions:
  5. Alfredo Esposto, 1998. "Takings, litigation, and just compensation," Atlantic Economic Journal, International Atlantic Economic Society, vol. 26(4), pages 397-412, December. [Downloadable!] (restricted)
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This page was last updated on 2009-12-15.


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