THE LITIGIOUS PLAINTIFF HYPOTHESIS - CASE SELECTION AND RESOLUTION

The process through which cases are selected for litigation cannot be ignored because it yields a set of lawsuits and plaintiffs that is far from a random selection either of potential claims or of potential cl aimants, We present a theoretical framework for understanding the oper ation of this suit-selection process and its relationship to the under lying distribution of potential claims and claimants, The model has im plications for the trial rate and the plaintiff win rate at trial. Our empirical analysis, using data on over 200,000 federal civil litigati ons, yields results that are strongly consistent with the theory.