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A reputation for being a nuisance: frivolous lawsuits and fee shifting in a repeated play game

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  • Farmer, Amy
  • Pecorino, Paul

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  • Farmer, Amy & Pecorino, Paul, 1998. "A reputation for being a nuisance: frivolous lawsuits and fee shifting in a repeated play game," International Review of Law and Economics, Elsevier, vol. 18(2), pages 147-157, June.
    • Handle: RePEc:eee:irlaec:v:18:y:1998:i:2:p:147-157
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    References listed on IDEAS

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    1. Hause, John C, 1989. "Indemnity, Settlement, and Litigation, or I'll Be Suing You," The Journal of Legal Studies, University of Chicago Press, vol. 18(1), pages 157-179, January.
    2. A. Mitchell Polinsky & Daniel L. Rubinfeld, 1996. "Optimal Awards and Penalties When the Probability of Prevailing Varies Among Plaintiffs," RAND Journal of Economics, The RAND Corporation, vol. 27(2), pages 269-280, Summer.
    3. Hay, Bruce L, 1996. "Contingent Fees and Agency Costs," The Journal of Legal Studies, University of Chicago Press, vol. 25(2), pages 503-533, June.
    4. Miceli, Thomas J, 1994. "Do Contingent Fees Promote Excessive Litigation?," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 211-224, January.
    5. Kreps, David M. & Wilson, Robert, 1982. "Reputation and imperfect information," Journal of Economic Theory, Elsevier, vol. 27(2), pages 253-279, August.
    6. Steven Shavell & Kathryn Spier, 1995. "Threats Without Binding Commitment," Discussion Papers 1139, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
    7. Miceli, Thomas J., 1993. "Optimal deterrence of nuisance suits by repeat defendants," International Review of Law and Economics, Elsevier, vol. 13(2), pages 135-144, June.
    8. Katz, Avery, 1990. "The effect of frivolous lawsuits on the settlement of litigation," International Review of Law and Economics, Elsevier, vol. 10(1), pages 3-27, May.
    9. Barry Nalebuff, 1987. "Credible Pretrial Negotiation," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 198-210, Summer.
    10. Rosenberg, D. & Shavell, S., 1985. "A model in which suits are brought for their nuisance value," International Review of Law and Economics, Elsevier, vol. 5(1), pages 3-13, June.
    11. Bebchuk, Lucian Arye, 1988. "Suing Solely to Extract a Settlement Offer," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-450, June.
    12. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    13. Bebchuk, Lucian Arye, 1996. "A New Theory Concerning the Credibility and Success of Threats to Sue," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 1-25, January.
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    Cited by:

    1. David J. Acheson & Ansgar Wohlschlegel, 2021. "Libel Bullies, Defamation Victims, and Litigation Incentives," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 177(2), pages 135-166.
    2. Farmer Amy & Pecorino Paul, 2014. "Litigation with Default Judgments," Review of Law & Economics, De Gruyter, vol. 10(2), pages 117-136, July.
    3. Amy Farmer & Paul Pecorino, 2007. "Negative Expected Value Suits in a Signaling Model," Southern Economic Journal, John Wiley & Sons, vol. 74(2), pages 434-447, October.
    4. Yannick Gabuthy & Eve-Angéline Lambert, 2018. "Legal Advertising and Frivolous Lawsuits," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(3), pages 570-593, September.
    5. Dari-Mattiacci, Giuseppe & Saraceno, Margherita, 2020. "Fee shifting and accuracy in adjudication," International Review of Law and Economics, Elsevier, vol. 63(C).
    6. Cary Deck & Paul Pecorino & Michael Solomon, 2024. "Litigation with negative expected value suits: An experimental analysis," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 21(2), pages 244-278, June.
    7. Klement, Alon, 2003. "Threats to sue and cost divisibility under asymmetric information," International Review of Law and Economics, Elsevier, vol. 23(3), pages 261-272, September.
    8. Lucian Arye Bebchuk, 1998. "Negative Expected Value Suits," NBER Working Papers 6474, National Bureau of Economic Research, Inc.
    9. Farmer, Amy & Tiefenthaler, Jill, 2001. "Conflict in divorce disputes: the determinants of pretrial settlement," International Review of Law and Economics, Elsevier, vol. 21(2), pages 157-180, June.
    10. Gabuthy Yannick & Lambert Eve-Angéline, 2011. "English Rule and Frivolous Suits: Conditional versus Hourly Fees," Review of Law & Economics, De Gruyter, vol. 7(1), pages 72-85, April.

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