Understanding the Pro-plaintiff Bias in Consumer Protection Legal Processes
Using information from the Peruvian administrative consumer system from 1998 to 2010, the paper assesses hypotheses taken from selection theory in the context of legal disputes (Priest and Klein, The Journal of Legal Studies 13(1):1, 1984 ) and political science. Hypotheses from selection theory regarding the influence of plaintiff stakes, informational asymmetry and, to a lesser extent, litigation costs on both selection decisions and trial outcomes were confirmed. In addition, the results corroborate other implications of selection theory, such as the non-random nature of selection processes. However, no evidence has been found regarding the theory’s prediction that the share of plaintiff victories at trial will converge to 50%. The results also show that in the Peruvian consumer protection system, plaintiffs win more often than do defendants, suggesting the pre-eminence of pro-consumer trial standards over other factors. Moreover, the evidence confirms the hypotheses taken from “party capability theory” (Galanter, Law & Society Review 9(1):95–160, 1974 ) regarding the influence of litigant characteristics on consumer protection legal outcomes. Finally, the results also demonstrate the relevance of ideological and attitudinal factors as determinants of consumer administrative trial decisions. Copyright Springer Science+Business Media New York 2014
Volume (Year): 37 (2014)
Issue (Month): 1 (March)
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- Viscusi, W Kip, 1988. "Product Liability Litigation with Risk Aversion," The Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 101-121, January.
- Theodore Eisenberg & Henry S. Farber, 1996. "The Litigious Plaintiff Hypothesis: Case Selection and Resolution," NBER Working Papers 5649, National Bureau of Economic Research, Inc.
- Kessler, Daniel & Meites, Thomas & Miller, Geoffrey P, 1996. "Explaining Deviations from the Fifty-Percent Rule: A Multimodal Approach to the Selection of Cases for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 233-259, January.
- George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
- Nelson, Phillip, 1970. "Information and Consumer Behavior," Journal of Political Economy, University of Chicago Press, vol. 78(2), pages 311-329, March-Apr.
- Donald S. Siegel & Donald F. Vitaliano, 2007.
"An Empirical Analysis of the Strategic Use of Corporate Social Responsibility,"
Journal of Economics & Management Strategy,
Wiley Blackwell, vol. 16(3), pages 773-792, 09.
- Donald S. Siegel & Donald F. Vitaliano, 2006. "An Empirical Analysis of the Strategic Use of Corporate Social Responsibility," Rensselaer Working Papers in Economics 0602, Rensselaer Polytechnic Institute, Department of Economics.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Darby, Michael R & Karni, Edi, 1973. "Free Competition and the Optimal Amount of Fraud," Journal of Law and Economics, University of Chicago Press, vol. 16(1), pages 67-88, April.
- Hylton, Keith N, 1993. "Asymmetric Information and the Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 22(1), pages 187-210, January.
- Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Publishing House "SINERGIA PRESS", vol. 31(3), pages 129-137.
- Heckman, James J, 1979. "Sample Selection Bias as a Specification Error," Econometrica, Econometric Society, vol. 47(1), pages 153-161, January.
- Shavell, Steven, 1996. "Any Frequency of Plaintiff Victory at Trial Is Possible," The Journal of Legal Studies, University of Chicago Press, vol. 25(2), pages 493-501, June.
- Nelson, Philip, 1974. "Advertising as Information," Journal of Political Economy, University of Chicago Press, vol. 82(4), pages 729-754, July/Aug..
- George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, Oxford University Press, vol. 84(3), pages 488-500. Full references (including those not matched with items on IDEAS)
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