References in periodicals archive ?
1; thus the model assigns a fine of $15 if both defendants decide to litigate the case.
Each defendant has two alternatives, litigate or settle early.
If both defendants litigate, therefore, the damages awarded are simply three times actual damages.
This defendant, then, faces not merely two choices, litigate or settle, but four choices: litigate both cases, litigate the criminal case and settle the civil case, settle the criminal case and litigate the civil case, or settle both cases.
In only four of the combinations do both defendants litigate both cases; for these combinations, the payoffs are those in the "A" case above, figure 2a, which are, as explained above, adjusted to include the probability that the civil cases are preceded by guilty verdicts even though both defendants denied guilt and litigated.