Abstract:
If a potential tort plaintiff can predict that the court will overestimate damages he is more likely to bring suit, but if the court is aware of this, it will adjust its awards accordingly. In general, court error implies that the court should moderate extreme awards whether they are high or low, because of regression towards the mean. Predictable error, however, tends to push the optimal adjustment downwards and unpredictable error pushes it upwards, because of plaintiff selection and signalling, respectively. The expectation of either kind of error leads plaintiffs to bring meritless suits.
JEL-codes:K (search for similar items in EconPapers) Date: Written Note: A 79KB LaTeX file. A postscript file is available on request from Erasmuse@Indiana.edu. View list of referencesView citations in EconPapers