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Multidefendant Settlements: The Impact of Joint and Several Liability

Author

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  • Kornhauser, Lewis A
  • Revesz, Richard L

Abstract

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Suggested Citation

  • Kornhauser, Lewis A & Revesz, Richard L, 1994. "Multidefendant Settlements: The Impact of Joint and Several Liability," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 41-76, January.
    • Handle: RePEc:ucp:jlstud:v:23:y:1994:i:1:p:41-76
    DOI: 10.1086/467916
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    Cited by:

    1. Chang, Howard F. & Sigman, Hilary, 2007. "The effect of joint and several liability under superfund on brownfields," International Review of Law and Economics, Elsevier, vol. 27(4), pages 363-384, December.
    2. Xinyu Hua & Kathryn E. Spier, 2005. "Information and Externalities in Sequential Litigation," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 161(2), pages 215-232, June.
    3. Howard F. Chang & Hilary Sigman, 2014. "An Empirical Analysis of Cost Recovery in Superfund Cases: Implications for Brownfields and Joint and Several Liability," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(3), pages 477-504, September.
    4. Dopuch, Nicholas & Ingberman, Daniel E. & King, Ronald R., 1997. "An experimental investigation of multi-defendant bargaining in 'joint and several' and proportionate liability regimes," Journal of Accounting and Economics, Elsevier, vol. 23(2), pages 189-221, July.
    5. Claudia M. Landeo & Kathryn E. Spier, 2009. "Naked Exclusion: An Experimental Study of Contracts with Externalities," American Economic Review, American Economic Association, vol. 99(5), pages 1850-1877, December.
    6. Kathryn E. Spier, 2003. "“Tied to the Mast”: Most-Favored-Nation Clauses in Settlement Contracts," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 91-120, January.
    7. Landeo, Claudia M. & Spier, Kathryn E., 2015. "Incentive contracts for teams: Experimental evidence," Journal of Economic Behavior & Organization, Elsevier, vol. 119(C), pages 496-511.
    8. Julien Jacob & Eve-Angéline Lambert & Emmanuel Peterle, 2022. "Several liability with sequential care: an experiment," European Journal of Law and Economics, Springer, vol. 54(2), pages 283-326, October.
    9. Nakkas Alper, 2010. "Settling with Multiple Litigants," Review of Law & Economics, De Gruyter, vol. 6(1), pages 125-144, June.
    10. Berg, Nathan & Kim, Jeong-Yoo, 2018. "Plea bargaining with multiple defendants and its deterrence effect," International Review of Law and Economics, Elsevier, vol. 55(C), pages 58-70.
    11. Spier, Kathryn E., 2001. "The Use of “Most-Favored-Nation” Clauses in Settlement of Litigation," Berkeley Olin Program in Law & Economics, Working Paper Series qt7hm4d39g, Berkeley Olin Program in Law & Economics.
    12. Jeong-Yoo Kim, 2009. "Secrecy and fairness in plea bargaining with multiple defendants," Journal of Economics, Springer, vol. 96(3), pages 263-276, April.
    13. Sean Farhang, 2009. "Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 1-34, March.
    14. Sigman, Hilary, 1998. "Liability Funding and Superfund Clean-Up Remedies," Journal of Environmental Economics and Management, Elsevier, vol. 35(3), pages 205-224, May.
    15. Zhou, J., 2010. "Access to justice : An economic approach," Other publications TiSEM 9d70f451-35c4-4878-92bf-7, Tilburg University, School of Economics and Management.
    16. Yeon-Koo Che & Kathryn E. Spier, 2008. "Exploiting Plaintiffs through Settlement: Divide and Conquer," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(1), pages 4-23, March.
    17. Daniel Carvell & Janet Currie & W. Bentley MacLeod, 2012. "Accidental death and the rule of joint and several liability," RAND Journal of Economics, RAND Corporation, vol. 43(1), pages 51-77, March.
    18. Michael Faure, 2009. "Environmental Liability," Chapters, in: Michael Faure (ed.), Tort Law and Economics, chapter 10, Edward Elgar Publishing.
    19. Eberhard Feess, 1999. "Lender Liability for Environmental Harm: An Argument Against Negligence Based Rules," European Journal of Law and Economics, Springer, vol. 8(3), pages 231-250, November.
    20. Mark J. Browne & Ellen S. Pryor & Bob Puelz, 2004. "The Effect of Bad-Faith Laws on First-Party Insurance Claims Decisions," The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 355-390, June.
    21. Howard F. Chang & Hilary Sigman, 1999. "Incentives to Settle Under Joint and Several Liability," NBER Working Papers 7096, National Bureau of Economic Research, Inc.
    22. Sheila M. Olmstead, 2010. "The Economics of Water Quality," Review of Environmental Economics and Policy, Association of Environmental and Resource Economists, vol. 4(1), pages 44-62, Winter.
    23. Kim, Jeong-Yoo & Lee, Seewoo, 2019. "Apportionment of liability by the stochastic Shapley value," International Review of Law and Economics, Elsevier, vol. 60(C).
    24. Charles M. Cameron & Lewis A. Kornhauser, 2005. "Decision Rules in a Judicial Hierarchy," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 161(2), pages 264-292, June.

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