The Government as Litigant: Further Tests of the Case Selection Model

43 Pages Posted: 24 Aug 1999 Last revised: 16 Mar 2010

See all articles by Theodore Eisenberg

Theodore Eisenberg

Cornell University, Law School (Deceased)

Henry S. Farber

Princeton University; National Bureau of Economic Research (NBER)

Date Written: August 1999

Abstract

We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of predictions for relative trial rates and plaintiff win rates depending on the type of case and whether the government is defendant or plaintiff. In order to test the model, we use data on about 350,000 cases filed in federal district court between 1979 and 1997 in the areas of personal injury and job discrimination where the federal government and private parties work under roughly similar legal rules. We find broad support for the predictions of the model.

Suggested Citation

Eisenberg, Theodore and Farber, Henry S., The Government as Litigant: Further Tests of the Case Selection Model (August 1999). NBER Working Paper No. w7296, Available at SSRN: https://ssrn.com/abstract=172511

Theodore Eisenberg

Cornell University, Law School (Deceased) ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Henry S. Farber (Contact Author)

Princeton University ( email )

Industrial Relations Section
Firestone Library
Princeton, NJ 08544
United States
609-258-4044 (Phone)
609-258-2907 (Fax)

National Bureau of Economic Research (NBER)

1050 Massachusetts Avenue
Cambridge, MA 02138
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
27
Abstract Views
2,005
PlumX Metrics