Estimating the Effects of the English Rule on Litigation Outcomes
Bibliographic Data
| ID | 19314809 |
|---|---|
| Authors | Eric Helland (Claremont McKenna College), Jungmo Yoon (0000-0002-6686-4739, Hanyang University) |
| Year | 2017 |
| Volume | 99 |
| Issue | 4 |
| Pages | 678-682 |
| Publication date | 2017-10-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Review of Economics and Statistics (JOURNAL) |
| Journal identifiers | ISSN: 0034-6535 • E-ISSN: 1530-9142 |
| Publisher | MIT Press - Journals (PUBLISHER) |
| DOI | 10.1162/rest_a_00653 |
| OpenAlex | W2547436041 |
| Language | EN |
| Citations received | 3 |
| References cited | 5 |
The English rule prescribes that the loser of a lawsuit pays the winner's litigation costs. Previous research on the English rule finds that plaintiffs win more often at trial, receive higher awards, and receive larger settlements. Theory predicts that the English rule discourages settlement by raising the threshold payment necessary for settlement. In this paper, we reexamine the Florida experiment with the English rule by placing bounds on the selection effects. We find that the mean and median settlement amount increases. Collectively these findings are consistent with the predictions of the simplest models of the English rule's impact
Actuarial science · American rule · Econometrics · Economics · Human settlement · Lawsuit · Payment · Plaintiff · Political science · Raising (metalworking) · Selection (genetic algorithm) · Settlement (finance) · Artificial Intelligence · Computer Science · Finance · History · Insurance and Financial Risk Management · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Mathematics
| Unique citing works | 3 |
|---|---|
| Citations per year | 0.5 |
| Citation span | 2020 - 2023 (4) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |