University of Chicago Press
This article examines compliance, incentives to bring suit, and incentives to settle in a negligence regime under alternative litigation cost allocation rules. Four allocation rules are considered: the American rule, which requires each party to pay his own costs; the British rule, which requires the losing party to pay the winning party's costs in addition to his own; the prodefendant rule, which requires the defendant to pay only his own costs if he loses and nothing otherwise; and the proplaintiff rule, which requires the plaintiff to pay only his own costs if he loses and nothing otherwise.
Keith N. Hylton,
Litigation Cost Allocation Rules and Compliance with the Negligence Standard
Journal of Legal Studies
Available at: https://scholarship.law.bu.edu/faculty_scholarship/952