Plaintiffs have either developed or less developed cases. Both cases should be taken to court, yet less developed cases need more work by the attorney than developed cases. Only the attorney knows whether a case needs additional work or not; the plaintiff is forced to rely on the attorney’s recommendation. We show that under contingent fees attorneys may provide insufficient effort, i.e., they ...

Imagine that a district court has consolidated several suits against a single defendant, pursuant to Federal Rule of Civil Procedure 42(a).1 The court grants summary judgment in the defendant's favor on the largest claim. The affected plaintiff may want to appeal this judgment immediately, even though the other claims are still pending. The appellate court lacks jurisdiction of the appeal, howe...

As Director of the Office of Scientific Research and Development, Dr. Vannevar Bush has coordinated the activities of some six thousand leading American scientists in the application of science to warfare. In this significant article he holds up an incentive for scientists when the fighting has ceased. He urges that men of science should then turn to the massive task of making more accessible o...

In liability lawsuits (e.g., patent infringement), a plaintiff demands compensation from defendant, and the parties often negotiate settlement to avoid costly trial. Liability insurance creates bargaining leverage for defendant in this negotiation. We study characteristics of monopoly equilibrium contracts settings where effect is substantial source value insurance. Our results show that under ...

In a legal dispute, parties engage in series of negotiations so as to arrive at reasonable settlement. The need present fair and bargain order induce the WTA (willingness accept) plaintiff WTP(willingness pay) defendant. Cooperation can only be attained when is less than or equal WTP defendant, thus WTA≤WTP. From an economic perspective, process considered market place buying selling claims. Hi...

This note reviews several methods proposed for calculating the amount of an appropriate remittitur using a sample of “comparable” cases. It recommends a simple quantile estimate. A remittitur is a post-trial procedure that may arise after a plaintiff has established liability and is awarded damages by the jury. Under U.S. law, the defendant may move for a new trial, or, in the alternative, a re...

STUDY DESIGN Retrospective cohort study. OBJECTIVE To review past cases and analyze them to determine whether reason for lawsuit led to a defense versus plaintiff verdict when patients sustain spinal cord injury. Secondary objectives included analyzing demographic factors and monetary awards for plaintiff verdicts and settlements. SUMMARY OF BACKGROUND DATA Evaluating malpractice cases coul...

In 1982, the US Congress established the Court of Appeals for the Federal Circuit (CAFC) as the sole appellate court for patent cases. Ostensibly, this court was created to eliminate inconsistencies in the application and interpretation of patent law across federal courts, and thereby mitigate the incentives of patentees and alleged infringers to “forum shop” for a preferred venue. We perform t...

For several decades, evidence theorists have puzzled over the following paradox, known as the “conjunction paradox” or “conjunction problem.” Probability theory appears to tell us that the probability of a conjunctive claim is the product resulting from multiplying the probabilities of its separate conjuncts. In a three element negligence case (breach of duty, causation, damages), a plaintiff w...