there are different groups of plaintiffs for whom the defendant can observe different case characteristics, the analysis becomes more complicated because different plaintiffs have incentives to pretend to
different classes may incentives to obscure
be difficult and expensive and plaintiffs may have
tort cases may differ not only proof of proximate causation.
as to extent of injury but also as to A former asbestos worker who alleges that
asbestos exposure caused his non-mesothilioma lung
much stronger the defendant claim.
position if he denies smoking.
cancer might be in a these complications of a plaintiff’s
Here, the relatively direct connection between cerivastatin and rhabdomyolysis and the absence of alternative causes of rhabdomyolysis
facilitated the overall cerivastatin strategy.
The diagnosis of
pretend to be in
and there were limited opportunities another category or for other
Worldwide Publicity Reduced Appeal of Confidentiality to Control Litigation Risk
Similarly, Bayer’s decision not to press for confidentiality agreements is consistent with the literature on secret settlements and is intuitively understandable (Daugherty and Reinganum, 1999); Daugherty
and Reinganum, 2005);
This literature concludes that
In this instance, the worldwide publicity
Bayer’s withdrawal the problem in the
of cerivastatin made concealing or hopes of considerably reducing overall
Litigation, 560 F.Supp. 943, 947 (Ga. 1979)
(striking down MFN clause