TY - JOUR AU - Bebchuk,Lucian Arye TI - Negative Expected Value Suits JF - National Bureau of Economic Research Working Paper Series VL - No. 6474 PY - 1998 Y2 - March 1998 UR - http://www.nber.org/papers/w6474 L1 - http://www.nber.org/papers/w6474.pdf N1 - Author contact info: Lucian A. Bebchuk Harvard Law School 1545 Massachusetts Avenue Cambridge, MA 02138 Tel: 617/495-3138 Fax: 617/812-0554 E-Mail: bebchuk@law.harvard.edu AB - When the cost of a suit exceeds the expected judgment, will a potential plaintiff be able to extract any amount in settlement from the defendant? If so, what is the source of the plaintiff's ability to extract a settlement? This essay discusses existing theories as to why (and when) plaintiffs with negative-expected-value (NEV) suits can extract a settlement amount from the defendant. Among the theories discussed are ones that focus on informational issues and ones that focus on the way in which the parties' litigation costs are expected to be distributed over time. ER -