Signaling, Learning and Screening Prior to Trial: A Theory of Preliminary Injunctions
@inproceedings{Jeitschko2009SignalingLA, title={Signaling, Learning and Screening Prior to Trial: A Theory of Preliminary Injunctions}, author={Thomas D. Jeitschko and Byung-Cheol Kim}, year={2009} }
The decision to request a preliminary injunction-a court order that bans a party from certain behavior until its lawfulness is ascertained in a final court ruling at trial-is an important litigation instrument in many areas of the law including antitrust, copyright, patents, trademarks, employment and labor relations as well as contracts. The process of filing for a preliminary injunction and the court's ruling on such a request generates information that can affect possible settlement…
One Citation
Signalling in Deterministic and Stochastic Settings: A Theoretical and Experimental Investigation
- Economics
- 2009
In the stochastic variant, there is more signalling behavior than with deterministic signals, and less frequent types distort their signals relatively more, which means the degree of congruence between equilibrium and subject behavior is greater in stoChastic settings compared to the deterministic variant.
References
SHOWING 1-10 OF 30 REFERENCES
Uncertainty and the Standard for Preliminary Relief
- Law
- 2002
In deciding whether to issue a preliminary injunction, courts today focus on three factors: the likelihood that plaintiff will ultimately prevail on the merits; the harm defendant will suffer if the…
The Plaintiff's Attorney in the Liability Insurance Claims Settlement Process: A Game Theoretic Approach
- Economics
- 1998
The decision of a claimant to obtain legal counsel, the timing of this decision, and the impact on the settlement amount an insurer successfully can offer are the focus of this study. This paper…
Credible Pretrial Negotiation
- Law
- 1987
Pretrial negotiation is a structured environment in which to study bargaining with incomplete information. When a plaintiff believes that a defendant owes him damages, he may first attempt to reach a…
Strategic Behavior in Suit, Settlement, and Trial
- Law
- 1983
Previous studies of litigation have sidestepped the strategic element in the decisions to file suit, and to settle or go to trial. This article develops a model of strategic behavior in litigation,…
Optimal Litigation Strategies with Signaling and Screening
- EconomicsSSRN Electronic Journal
- 2008
This paper investigates the strategic effects of case preparation in litigation. Specifically, it shows how the pretrial efforts incurred by one party may alter its adversary's incentives to settle.…
Settlement, Litigation, and the Allocation of Litigation Costs
- Economics
- 1986
This article examines a model of settlement and litigation in which the plaintiff makes a settlement demand based upon his true level of damages; the defendant infers the plaintiff's true damage…
Preliminary Injunctions and Damage Rules in Patent Law
- Economics
- 2007
This paper shows that preliminary injunctions may be sought in patent cases to obtain market power during the period of the injunction and are likely to be sought only where there is a small…
Tilting the Table? The Use of Preliminary Injunctions*
- Law, BusinessThe Journal of Law and Economics
- 2001
This paper examines the economic role of preliminary injunctions in legal disputes. We present a model in which differences in financing costs drive the use of preliminary injunction and explore the…
Treble Damages and the Incentive to Sue and Settle
- Economics
- 1996
We apply Png's (1983) model to antitrust suits to determine the effects of private suits on government suits and vice versa. In equilibrium, a defendant can probabilistically signal a strong case by…
The Effect of Private Antitrust Litigation on the Stock-Market Valuation of the Firm
- Economics
- 1995
The authors study the implications for shareholder wealth of interfirm antitrust litigation and how the costs of the dispute affect the propensity to settle. Upon filing, defendants experience…