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Litigation

Boston University School of Law

2000

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An Asymmetric Information Model Of Litigation, Keith Hylton Jan 2000

An Asymmetric Information Model Of Litigation, Keith Hylton

Faculty Scholarship

This paper presents a cradle-to-grave model of tort liability, incorporating the decision to comply with the due-care standard, the decision to file suit, and the decision to settle. I use the model primarily to examine settlement rates, plaintiff win rates, and compliance with the due-care standard. The key results of the modelare as follows: (1) litigation to judgment occurs only when some but not all actors comply with the due-care standard, and (2) if defendants have the information advantage at trial, plaintiff win rates generally will be less than fifty percent. I apply the model and its simulation results to ...