Add to ORKGMy aim in this paper is to examine the incentive effects of the proposed legislation, and the general desirability of nondiscretionary penalties as a method of controlling frivolous litigation. The proposed rule, which I will refer to below as the Modified British Rule, bears a close resemblance to Rule 68 of the Federal Rules of Civil Procedure. Rule 68 imposes court costs on the plaintiff who rejects a settlement offer and then receives a less favorable judgment. While Rule 68 is a nondiscretionary one-way penalty, the Modified British Rule is a nondiscretionary two-way penalty
Napoleon reportedly once said of India, She is a sleeping giant. But when she wakes, the earth will...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Under an "offer-of-settlement" rule, if a party to a lawsuit makes a formal offer to settle which th...
My aim in this paper is to examine the incentive effects of the proposed legislation, and the genera...
Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party\u27s sett...
Rule 68 of the Federal Rules of Civil Procedure is the only rule of procedure devoted exclusively to...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
The Federal Rules of Civil Procedure generally provide only the “rules of the road” on which litigat...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
This Note seeks to predict the direction and magnitude of the change in settlement frequency under t...
Environmental “citizen suit” statutes provide incentives for citizens to bring enforcement actions b...
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys\u27...
The English rule for fee allocation prescribes that the loser of a lawsuit pay the winner’s litigati...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
It is no surprise that, having included facilitating the settlement of the case as one of the obje...
Napoleon reportedly once said of India, She is a sleeping giant. But when she wakes, the earth will...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Under an "offer-of-settlement" rule, if a party to a lawsuit makes a formal offer to settle which th...
My aim in this paper is to examine the incentive effects of the proposed legislation, and the genera...
Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party\u27s sett...
Rule 68 of the Federal Rules of Civil Procedure is the only rule of procedure devoted exclusively to...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
The Federal Rules of Civil Procedure generally provide only the “rules of the road” on which litigat...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
This Note seeks to predict the direction and magnitude of the change in settlement frequency under t...
Environmental “citizen suit” statutes provide incentives for citizens to bring enforcement actions b...
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys\u27...
The English rule for fee allocation prescribes that the loser of a lawsuit pay the winner’s litigati...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
It is no surprise that, having included facilitating the settlement of the case as one of the obje...
Napoleon reportedly once said of India, She is a sleeping giant. But when she wakes, the earth will...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Under an "offer-of-settlement" rule, if a party to a lawsuit makes a formal offer to settle which th...