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The Use of "Most-Favored-Nation" Clauses in Settlement of Litigation

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Author Info
Spier, Kathryn E
Abstract

Many settlement contracts in litigation involving multiple plaintiffs (or multiple defendants) include "most-favored-nation" (MFN) clauses. If an early settlement includes an MFN and the defendant settles later with another plaintiff for more money, the early settlers receive these terms too. If the defendant knows the aggregate distribution of expected awards but cannot discriminate among the privately informed plaintiffs, then MFNs avoid costly delay. Plaintiffs with weak cases settle early rather than on the courthouse steps. The effects of MFNs on the settlement terms, plaintiffs' welfare, litigation rates, and the defendant's ex ante incentives are considered and alternative explanations are explored. Copyright 2003 by the RAND Corporation.

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Article provided by The RAND Corporation in its journal RAND Journal of Economics.

Volume (Year): 34 (2003)
Issue (Month): 1 (Spring)
Pages: 78-95
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Handle: RePEc:rje:randje:v:34:y:2003:i:1:p:78-95

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  1. Andrew F. Daughety & Jennifer F. Reinganum, 2005. "Economic Theories of Settlement Bargaining," Working Papers 0508, Department of Economics, Vanderbilt University. [Downloadable!]
  2. Yeon-Koo Che & Kathryn E. Spier, 2007. "Exploiting Plaintiffs Through Settlement: Divide and Conquer," Discussion Papers 0607-18, Columbia University, Department of Economics. [Downloadable!]
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This page was last updated on 2009-11-13.


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