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The Government as Litigant: Further Tests of the Case Selection Model

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  • Theodore Eisenberg
  • Henry S. Farber

Abstract

We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of predictions for relative trial rates and plaintiff win rates depending on the type of case and whether the government is defendant or plaintiff. In order to test the model, we use data on about 350,000 cases filed in federal district court between 1979 and 1997 in the areas of personal injury and job discrimination where the federal government and private parties work under roughly similar legal rules. We find broad support for the predictions of the model.

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Bibliographic Info

Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 7296.

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Date of creation: Aug 1999
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Publication status: published as Eisenberg, Theodore and Henry Farber. "The Government as Litigant: Further Tests of the Case Selection Model." American Law and Economics Review 5, 1 (Spring 2003): 94-133.
Handle: RePEc:nbr:nberwo:7296

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  1. Farber, Henry S & Bazerman, Max H, 1987. "Why Is There Disagreement in Bargaining?," American Economic Review, American Economic Association, vol. 77(2), pages 347-52, May.
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Cited by:
  1. Kirstein, Roland & Rickman, Neil, 2002. ""Third Party Contingency" contracts in settlement and litigation," Berkeley Olin Program in Law & Economics, Working Paper Series qt6vn9877z, Berkeley Olin Program in Law & Economics.
  2. Yuhsing, 2006. "Macroeconomic policies and output fluctuations in slovakia: Application of the taylor rule," International Review of Economics, Springer, vol. 53(2), pages 249-259, June.
  3. Yu Hsing, 2006. "Responses of output in Poland to shocks to the exchange rate, the stock price, and other macroeconomic variables: a VAR model," Applied Economics Letters, Taylor & Francis Journals, vol. 13(15), pages 1017-1022.

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