A Solution to the Problem of Nuisance Suits: The Option to Have the Court Bar Settlement
10 Pages Posted: 20 Nov 2004
Date Written: August 2004
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.
JEL Classification: D8, K41
Suggested Citation: Suggested Citation