Any Frequency of Plaintiff Victory at Trial Is Possible
AbstractA basic question about litigation concerns the frequency of plaintiff victory at trial and how cases that go to trial relate to settled cases. In a stimulating paper, Priest and Klein advanced a model in which there is a tendency for plaintiffs to prevail at trial with probability 50 percent. However, this note demonstrates that, in a simple, frequently employed model of litigation, it is possible for the cases that go to trial to result in plaintiff victory with any probability. Moreover, given any probability of plaintiff victory at trial, the probability of plaintiff victory among settled cases (had they been tried) may be any other probability. Further, data on the frequency of plaintiff victory does not clearly support the 50 percent tendency. In consequence, this note concludes that it does not seem appropriate to regard 50 percent plaintiff victories as a central tendency, either in theory or in fact. Copyright 1996 by the University of Chicago.
Download InfoTo our knowledge, this item is not available for download. To find whether it is available, there are three options:
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
Bibliographic InfoArticle provided by University of Chicago Press in its journal Journal of Legal Studies.
Volume (Year): 25 (1996)
Issue (Month): 2 (June)
Contact details of provider:
Web page: http://www.journals.uchicago.edu/JLS/
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Daniel Friedman & Donald Wittman, 2003.
"Litigation with Symmetric Bargaining and Two-Sided Incomplete Information,"
CESifo Working Paper Series
1001, CESifo Group Munich.
- Daniel Friedman & Donald Wittman, 2007. "Litigation with Symmetric Bargaining and Two-Sided Incomplete Information," Journal of Law, Economics and Organization, Oxford University Press, vol. 23(1), pages 98-126, April.
- Friedman, Daniel & Wittman, Donald, 2003. "Litigation With Symmetric Bargaining And Two-Sided Incomplete Information," Santa Cruz Department of Economics, Working Paper Series qt7vj7k9f6, Department of Economics, UC Santa Cruz.
- Schwab, Christian & Tang, Hin-Yue Benny, 2011.
"Die Steuerungswirkungen unterschiedlicher Prozesskostenregelungen: Ein Überblick zum Stand von Theorie und Empirie
[The economic effects of alternative fee shifting rules: A review of the theoreti," MPRA Paper 32746, University Library of Munich, Germany.
- Miceli, Thomas J., 2010.
"Legal change and the social value of lawsuits,"
International Review of Law and Economics,
Elsevier, vol. 30(3), pages 203-208, September.
- repec:pri:indrel:823 is not listed on IDEAS
- Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
- Chopard, Bertrand & Cortade, Thomas & Langlais, Eric, 2010.
"Trial and settlement negotiations between asymmetrically skilled parties,"
International Review of Law and Economics,
Elsevier, vol. 30(1), pages 18-27, March.
- Bertrand Chopard & Thomas Cortade & Eric Langlais, 2008. "Trial and settlement negotiations between asymmetrically skilled parties," EconomiX Working Papers 2008-32, University of Paris West - Nanterre la Défense, EconomiX.
- Chopard, Bertrand & Cortade, Thomas & Langlais, Eric, 2008. "Trial and settlement negotiations between asymmetrically skilled parties," MPRA Paper 8995, University Library of Munich, Germany.
- Hylton, Keith N., 2002. "An asymmetric-information model of litigation," International Review of Law and Economics, Elsevier, vol. 22(2), pages 153-175, August.
- Keith N. Hylton & Haizhen Lin, 2009. "Trial Selection Theory: A Unified Model," Working Papers 2009-06, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
- Dari-Mattiacci, Giuseppe & Deffains, Bruno & Lovat, Bruno, 2011. "The dynamics of the legal system," Journal of Economic Behavior & Organization, Elsevier, vol. 79(1-2), pages 95-107, June.
- Poitras, Marc & Frasca, Ralph, 2011. "A unified model of settlement and trial expenditures: The PriestâKlein model extended," International Review of Law and Economics, Elsevier, vol. 31(3), pages 188-195, September.
- Magnus SÃ¶derberg, 2008. "Uncertainty and regulatory outcome in the Swedish electricity distribution sector," European Journal of Law and Economics, Springer, vol. 25(1), pages 79-94, February.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division).
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.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with 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 profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.