Abstract

http://ssrn.com/abstract=2259766
 


 



Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates after Twombly & Iqbal


Victor Abel Pereyra


University of Illinois College of Law

Benjamin Sunshine


University of Illinois College of Law

May 2, 2013

University of Illinois Law Review, Forthcoming

Abstract:     
A party’s decision to settle may be affected by the plausibility pleading standard required by Twombly. While previous empirical studies have focused on motions to dismiss, this study attempts to find a relationship between settlement rates and the pleading standard. Our data and analysis show that the probability of settling after Twombly has decreased while the rates of settlements themselves are increasing. In particular, IP and civil rights cases are especially likely to settle and "meritorious" claims settle at a higher rate than "non-meritorious" claims. These findings question the current arguments that the Twombly pleading standard may be inhibiting access to justice and/or improving efficiency. The goal of conserving judicial resources may have been circumvented by litigant behavior as more cases are going on to litigation rather than settling. The access to justice arguments may have also been challenged in that more cases are being adjudicated after Twombly instead of less.

Number of Pages in PDF File: 63

Keywords: Settlement, Twombly, Iqbal

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Date posted: May 4, 2013 ; Last revised: July 8, 2014

Suggested Citation

Pereyra, Victor Abel and Sunshine, Benjamin, Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates after Twombly & Iqbal (May 2, 2013). University of Illinois Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2259766 or http://dx.doi.org/10.2139/ssrn.2259766

Contact Information

Victor Abel Pereyra (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
Benjamin Sunshine
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
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