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Asymmetric reimbursement system in an environmental conflict

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  • Sung-Hoon Park

Abstract

This article explores how a fair-minded regulator has to set policy through an asymmetric reimbursement. The lawyer for a citizen group works on a contingent-fee basis, whereas a polluting firm has either in-house legal advice or lawyers on retainer. Under an asymmetric reimbursement rule we show: (i) the case goes to settlement if the objective merits of the case favour the citizen group; (ii) whereas it goes to trial, the probability winning the citizen group has is less than 50%, and the reimbursement policy incurs the total effort in trial to increase if the merits of the case favour the firm.

Suggested Citation

  • Sung-Hoon Park, 2010. "Asymmetric reimbursement system in an environmental conflict," Applied Economics Letters, Taylor & Francis Journals, vol. 17(12), pages 1197-1199.
    • Handle: RePEc:taf:apeclt:v:17:y:2010:i:12:p:1197-1199
    DOI: 10.1080/00036840902845376
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    Cited by:

    1. Sung-Hoon Park, 2022. "Contingent fees and endogenous timing in litigation contests," European Journal of Law and Economics, Springer, vol. 54(3), pages 453-473, December.
    2. Sung-Hoon Park & Chad E. Settle, 2023. "Asymmetric Reimbursement and Contingent Fees in Environmental Conflicts: Observable vs. Unobservable Contracts," Games, MDPI, vol. 14(4), pages 1-10, July.
    3. Park Sung-Hoon & Lee Sanghack, 2020. "Legal Contests with Unilateral Delegation," Asian Journal of Law and Economics, De Gruyter, vol. 11(1), pages 1-9, April.
    4. Sung-Hoon Park & Chad Settle, 2022. "Internalizing environmental damages and endogenous reimbursement in environmental conflicts: a game-theoretic analysis," International Review of Economics, Springer;Happiness Economics and Interpersonal Relations (HEIRS), vol. 69(4), pages 547-569, December.

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