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An Analysis of Fee-Shifting Based on the Margin of Victory : On FrivolousSuits, Meritorious Suits and the Role of Rule 11
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Year: 1994 Publisher: Cambridge, Mass. National Bureau of Economic Research

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We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. We analyze the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the 'margin of victory.' In particular, we explore how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. Our analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.

Keywords

Costs (Law)


Book
Framework and criteria for the appraisal and socioeconomic justification of education projects.
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Year: 1994 Publisher: [Manila] : Asian Development Bank, Economics and Development Resource Center, Infrastructure Dept.,

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Renewable energy technologies : a review of the status and costs of selected technologies
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ISBN: 128000729X 9786610007295 0585235902 Year: 1994 Publisher: Washington, D.C. : World Bank,

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Cost accounting : a managerial emphasis : extended problems
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ISBN: 0131847554 Year: 1994 Publisher: Englewood Cliffs (N.J.): Prentice Hall

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Army morale, welfare, and recreation programs in the future : maximizing soldier benefits in times of austerity
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Year: 1994 Publisher: Santa Monica, CA : RAND Corporation,

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This report considers the future of Army morale, welfare, and recreation (MWR) programs. Continued budgetary pressures are forcing changes in Army MWR provision. At the same time, times on station for soldiers are increasing, more spouses are working outside the home, and funds for on-post housing are shrinking. All these factors push toward more provision of MWR services by the off-post private sector. The report develops a costing methodology to more accurately compare the costs of different MWR provision methods.


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Communication sites on federal land : joint oversight hearing before the Subcommittee on National Parks, Forests, and Public Lands, Committee on Natural Resources, and the Subcommittee on Environment, Energy, and Natural Resources, Committee on Government Operations, House of Representatives, One Hundred Third Congress, second session, on communication sites on federal land, hearing held in Washington, DC, July 12, 1994.
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Year: 1994 Publisher: Washington : U.S. Government Printing Office,

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Keywords

Public lands --- Broadcasting --- Fees --- Costs.


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Hydrologic engineering analysis concepts for cost-shared flood damage reduction studies
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Year: 1994 Publisher: Washington, DC : Dept. of the Army, U.S. Army Corps of Engineers,

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Book
Communication sites on federal land : joint oversight hearing before the Subcommittee on National Parks, Forests, and Public Lands, Committee on Natural Resources, and the Subcommittee on Environment, Energy, and Natural Resources, Committee on Government Operations, House of Representatives, One Hundred Third Congress, second session, on communication sites on federal land, hearing held in Washington, DC, July 12, 1994.
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Year: 1994 Publisher: Washington : U.S. Government Printing Office,

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Keywords

Public lands --- Broadcasting --- Fees --- Costs.


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Hydrologic engineering analysis concepts for cost-shared flood damage reduction studies
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Year: 1994 Publisher: Washington, DC : Dept. of the Army, U.S. Army Corps of Engineers,

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Ambulance services for Medicare end-stage renal disease beneficiaries : payment practices.
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Year: 1994 Publisher: [Washington, D.C.] : Department of Health and Human Services, Office of Inspector General,

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