The Government as Litigant: Further Tests of the Case Selection Model
AbstractWe 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 InfoPaper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 7296.
Date of creation: Aug 1999
Date of revision:
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.
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Find related papers by JEL classification:
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
This paper has been announced in the following NEP Reports:
- NEP-ALL-1999-08-27 (All new papers)
- NEP-LAW-1999-08-27 (Law & Economics)
- NEP-PBE-1999-08-28 (Public Economics)
- NEP-POL-1999-08-27 (Positive Political Economics)
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
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