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Full-Text Articles in Law

The Economics Of Third-Party Financed Litigation, Keith Hylton Oct 2011

The Economics Of Third-Party Financed Litigation, Keith Hylton

Faculty Scholarship

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider are the sale of legal rights (such as contingent tort claims) to insurers, to patent trolls, and to financiers generally.


Injunctive And Reverse Settlements In Competition-Blocking Litigation, Keith Hylton, Sungjoon Cho Aug 2011

Injunctive And Reverse Settlements In Competition-Blocking Litigation, Keith Hylton, Sungjoon Cho

Faculty Scholarship

We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.