All substantive areas of law with no exception have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on a number of factors. Examples of influential factors are procedural costs, the judge’s accuracy and, most importantly, the litigation strategy followed by the counterpart in dispute...

Many tobacco control advocates, believing that legislators and regulators have failed to enact and implement sufficiently stringent tobacco control laws, have supported litigation as a means of achieving public health policy goals. In this article, we examine the relationship between litigation and public health policy formulation in the context of the debate over tobacco control policy. The fu...

Stephen D. Rosenberg, Esq. is a partner in the McCormack Firm, a Boston litigation firm, where he heads the firm’s ERISA Practice Group. He has extensive experience in ERISA litigation, including breach of fiduciary duty cases and class actions, as well as in commercial litigation and arbitration, insurance coverage and bad faith, and intellectual property disputes. He publishes a blog at www.b...

The early literature on litigation and settlement assumed that a plaintiff’s threat to litigate is credible only when her litigation value—the difference between the expected judgment and her litigation costs—is positive. More recently, however, Bebchuk (1996) has suggested that even if the plaintiff’s litigation value is negative, divisibility of her litigation costs may render credibility to ...

Class action litigation has been instrumental in jail and prison reform during the past two decades. Correctional mental health systems have significantly benefited from such litigation. Forensic psychiatrists have been crucial in the litigation process and the subsequent evolution of correctional mental health care systems. This article summarizes information concerning basic demographics of c...

This study investigates whether an auditor's experience of litigation in the recent past affects subsequent financial reporting quality. At the audit firm level, we find accounting misstatements occur significantly less (more) often after audit firms are sued (not sued). At the audit office level, the negative association between past litigation and future misstatements is stronger for offices ...

The arguments for and against third-party litigation financing are based on incorrect assumptions regarding the impacts on total litigation. A formal model incorporating the choices of the plaintiff, the lawyer, and the financier shows only minimal impact on total litigation, largely positive. Yet, after addressing the potential for long-term, strategic behavior by financiers, it is obvious tha...

This paper studies the effect of litigation as a way to enforce patents when firms hold private information. Patent protection granted by courts affect the entry, settlement and litigation decisions of future innovations. The model is broadly consistent with recent empirical evidence. We show that higher protection might be detrimental to the patentholder since it reduces entry of infringers th...

This note extends the Bernardo, Talley & Welch (1999) model of presumptions to study situations where litigation efforts are spent sequentially rather than simultaneously. The equilibria of the litigation stage are presented as functions of b. Two characteristics distinguish this case from the simultaneous one. First, sequentiality allows the principal to pre-commit to a litigation strategy, an...

OBJECTIVE To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents. METHODS A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with comp...