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Litigating Toward Settlement

Author

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  • Christina L. Boyd
  • David A. Hoffman

Abstract

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially nondiscovery motions, can substantially shape parties' knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process: including that the filing of a motion significantly speeds case settlement; that granted motions are more immediately critical to settlement timing than motions denied; and that plaintiff victories have a stronger effect than defendant victories. These results provide a uniquely detailed look at the mechanism of compromise via information exchange and motion practice in litigation while simultaneously yielding evidence that this effect goes well beyond the traditionally studied discovery process. (JEL C00, K00, K10, K41). The Author 2012. Published by Oxford University Press on behalf of Yale University. All rights reserved. For Permissions, please email: journals.permissions@oup.com, Oxford University Press.

Suggested Citation

  • Christina L. Boyd & David A. Hoffman, 2013. "Litigating Toward Settlement," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(4), pages 898-929, August.
    • Handle: RePEc:oup:jleorg:v:29:y:2013:i:4:p:898-929
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    File URL: http://hdl.handle.net/10.1093/jleo/ews021
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    Citations

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    Cited by:

    1. Haus, Axel & Juranek, Steffen, 2018. "Non-practicing entities: Enforcement specialists?," International Review of Law and Economics, Elsevier, vol. 53(C), pages 38-49.
    2. Chen, Daniel L. & Frankenreiter, Jens & Yeh, Susan, 2016. "Judicial Compliance in District Courts," TSE Working Papers 16-715, Toulouse School of Economics (TSE).
    3. Samantha Bielen & Wim Marneffe & Peter Grajzl & Valentina Dimitrova-Grajzl, 2018. "The Duration of Judicial Deliberation: Evidence from Belgium," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(2), pages 303-333, June.
    4. Chen, Daniel L., 2023. "Judicial compliance in district courts," International Review of Law and Economics, Elsevier, vol. 74(C).
    5. Peter Grajzl & Katarina Zajc, 2017. "Litigation and the timing of settlement: evidence from commercial disputes," European Journal of Law and Economics, Springer, vol. 44(2), pages 287-319, October.
    6. Jennifer K. Robbennolt & Jessica Bregant & Verity Winship, 2023. "Settlement schemas: How laypeople understand civil settlement," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(3), pages 488-533, September.
    7. Bielen, Samantha & Grajzl, Peter & Marneffe, Wim, 2017. "Procedural events, judge characteristics, and the timing of settlement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 97-110.
    8. Marilene Lorizio & Antonia Rosa Gurrieri, 2017. "Resilient Smes, Institutions And Justice. Evidence In Italy," Review of Economic and Business Studies, Alexandru Ioan Cuza University, Faculty of Economics and Business Administration, issue 20, pages 131-155, December.
    9. Duy Vu & Michele Pezzoni & Duc Lam Nguyen, 2021. "Arbitrator teams and dispute resolution performance: an empirical analysis," European Journal of Law and Economics, Springer, vol. 51(2), pages 347-381, April.
    10. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2017. "Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data," CESifo Working Paper Series 6450, CESifo.
    11. Castelliano, Caio & Grajzl, Peter & Watanabe, Eduardo, 2021. "How has the Covid19 pandemic impacted the courts of law? Evidence from Brazil," International Review of Law and Economics, Elsevier, vol. 66(C).

    More about this item

    JEL classification:

    • C00 - Mathematical and Quantitative Methods - - General - - - General
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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