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Filing a Nuisance Claim to Induce Successive Lawsuits

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  • Jeong-Yoo Kim

Abstract

In this article, I provide a rationale for nuisance suits. I show that a plaintiff may file a nuisance suit if he expects that his suit may induce suits by other plaintiffs. If an initial plaintiff is too pessimistic about this possibility, a nuisance suit may not be filed even though it would be meritorious with joinder with another plaintiff. In this case, lawyers may play the role of reducing such coordination failure due to asymmetric information by providing potential plaintiffs with relevant information. Copyright 2004, Oxford University Press.

Suggested Citation

  • Jeong-Yoo Kim, 2004. "Filing a Nuisance Claim to Induce Successive Lawsuits," American Law and Economics Review, American Law and Economics Association, vol. 6(1), pages 208-216.
    • Handle: RePEc:oup:amlawe:v:6:y:2004:i:1:p:208-216
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    Cited by:

    1. He, Leshui, 2020. "A theory of pre-filing settlement and patent assertion entities," International Journal of Industrial Organization, Elsevier, vol. 70(C).

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