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Full-Text Articles in Law
Testing The White Hat Effect In Patent Litigation, Bernard Chao, Roderick O’Dorisio
Testing The White Hat Effect In Patent Litigation, Bernard Chao, Roderick O’Dorisio
Sturm College of Law: Faculty Scholarship
Ideally, juries assess cases on the evidence presented at trial. To the extent that they are unrelated to the merits, the identities of the parties or their individual stories should not matter. But jurors are human, and both academics and practicing lawyers have long believed that how parties frame their cases to the jury can influence outcomes.' We examine two such frames common to patent law. First, we look at whether accused infringers can improve their chances of prevailing by being the aggressor. Prior studies have observed that accused infringers that file declaratory judgment actions to vindicate their rights win …
Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson
Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson
Sturm College of Law: Faculty Scholarship
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in whether attorneys may quantify damages as time-units of suffering (per diem) or demand a specific amount (lump sum). Either sort of large number could exploit an irrational anchoring effect. We performed a realistic, online, video-based experiment with 732 human subjects. We replicated prior work showing that large lump sum demands drive larger jury verdicts, but surprisingly found no effect of similarly-sized per diem anchors. We did find per diem effects on binary liability outcomes, and thus …