Chapter

TRANSPARENCY FOR CIVIL SETTLEMENTS: NASDAQ FOR LAWSUITS?

Stephen Yeazell

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print May 2012 | ISBN: 9780199914333
Published online September 2012 | e-ISBN: 9780199980185 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199914333.003.0008
TRANSPARENCY FOR CIVIL SETTLEMENTS: NASDAQ FOR LAWSUITS?

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This chapter discusses transparency in the real world of civil litigation. It first lays out the case for seeing civil claims settlement as a market, followed by an explanation of how little we know about how bad our pricing information is. After a brief look at how our preoccupation with other, “flashier” forms of opacity in civil settlements has diverted attention from the real problem, it proposes a way to obtain accurate pricing information and reviews some obstacles that lie between here and the realization of that solution.

Keywords: transparency; civil litigation; civil claims settlements; pricing

Chapter.  8853 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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