Is the selection of cases for trial biased?

Wittman, D. (1985). Is the selection of cases for trial biased? Journal of Legal Studies, 14, 185-214.

Tested Priest & Klein’s (1984) “50%” model. Plaintiff win rate considerably higher than 50%. Measures of plaintiff culpability and defendant culpability related to the difference between the plaintiff’s demand and the defendant’s offer. Plaintiff loss and defendant corporate status positively associated with size of damage award.

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