A Note on Presumptions with Sequential Litigation

USC Law School, Olin Working Paper No. 99-9

27 Pages Posted: 18 Jun 1999

See all articles by Antonio E. Bernardo

Antonio E. Bernardo

University of California, Los Angeles (UCLA) - Finance Area

Eric L. Talley

Columbia University - School of Law; European Corporate Governance Institute (ECGI)

Date Written: June 1999

Abstract

This note extends the Bernardo, Talley & Welch (1999) model of legal presumptions to study situations where litigation efforts are spent sequentially rather than simultaneously. The equilibria of the litigation stage are presented as functions of the underlying presumption. The equilibria and comparative statics are shown to be qualitatively similar to those of the simultaneous version. However, sequentiality allows the principal to pre commit to a litigation strategy, and thus possibly preempt any litigation effort whatsoever by the agent.

Suggested Citation

Bernardo, Antonio E. and Talley, Eric L., A Note on Presumptions with Sequential Litigation (June 1999). USC Law School, Olin Working Paper No. 99-9, Available at SSRN: https://ssrn.com/abstract=167568 or http://dx.doi.org/10.2139/ssrn.167568

Antonio E. Bernardo

University of California, Los Angeles (UCLA) - Finance Area ( email )

Los Angeles, CA 90095-1481
United States
310-825-2198 (Phone)
310-206-5455 (Fax)

Eric L. Talley (Contact Author)

Columbia University - School of Law ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://www.erictalley.com

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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