A Solution to the Problem of Nuisance Suits: The Option to Have the Court Bar Settlement
Harvard Law School
Harvard Law School; National Bureau of Economic Research (NBER)
Harvard Law and Economics Discussion Paper No. 489
A solution to a broad category of nuisance suits is examined in this paper. The solution is to give defendants the option to have courts prevent settlements (by refusing to enforce them). Then, if a defendant knows he is facing a plaintiff who would not be willing to go to trial, the defendant would exercise his option to bar settlement, forcing the plaintiff to withdraw. And because the plaintiff would anticipate this, he would not bring his nuisance suit in the first place.
Number of Pages in PDF File: 10
JEL Classification: D8, K41working papers series
Date posted: November 20, 2004
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo7 in 0.609 seconds