Incentives to Settle under Joint and Several Liability: An Empirical Analysis of Superfund Litigation
AbstractCongress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several liability does not discourage settlements and may even encourage them. Our results support the model's predictions about the effects of several variables, such as the degree of correlation in trial outcomes. Copyright 2000 by the University of Chicago.
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Bibliographic InfoArticle provided by University of Chicago Press in its journal Journal of Legal Studies.
Volume (Year): 29 (2000)
Issue (Month): 1 (January)
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- Yeon-Koo Che & Kathryn E. Spier, 2008.
"Exploiting Plaintiffs through Settlement: Divide and Conquer,"
Journal of Institutional and Theoretical Economics (JITE),
Mohr Siebeck, Tübingen, vol. 164(1), pages 4-23, March.
- Che, Yeon-Koo & Spier, Kathryn, 2007. "Exploiting Plaintiffs Through Settlement: Divide and Conquer," MPRA Paper 6104, University Library of Munich, Germany.
- Yeon-Koo Che & Kathryn E. Spier, 2007. "Exploiting Plaintiffs Through Settlement: Divide and Conquer," Discussion Papers 0607-18, Columbia University, Department of Economics.
- Chang, Howard F. & Sigman, Hilary, 2007.
"The effect of joint and several liability under superfund on brownfields,"
International Review of Law and Economics,
Elsevier, vol. 27(4), pages 363-384, December.
- Howard F. Chang & Hilary Sigman, 2005. "The Effect of Joint and Several Liability Under Superfund on Brownfields," NBER Working Papers 11667, National Bureau of Economic Research, Inc.
- Howard F. Chang & Hilary Sigman, 2005. "The Effect of Joint and Several Liability under Superfund on Brownfields," Departmental Working Papers 200508, Rutgers University, Department of Economics.
- Hilary Sigman, 2006.
"Environmental Liability and Redevelopment of Old Industrial Land,"
Departmental Working Papers
200609, Rutgers University, Department of Economics.
- Hilary Sigman, 2010. "Environmental Liability and Redevelopment of Old Industrial Land," Journal of Law and Economics, University of Chicago Press, vol. 53(2), pages 289-306, 05.
- Hilary Sigman, 2009. "Environmental Liability and Redevelopment of Old Industrial Land," NBER Working Papers 15017, National Bureau of Economic Research, Inc.
- Sheila M. Olmstead, 2010. "The Economics of Water Quality," Review of Environmental Economics and Policy, Association of Environmental and Resource Economists, vol. 4(1), pages 44-62, Winter.
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