This dissertation is the first work to empirically examine a growing type of credit for cash-constrained tort plaintiffs called consumer litigation funding (âCLFâ), which takes the form of a nonrecourse loan. A plaintiff obtains a cash advance in exchange for repaying that advance and any interest or fees out of the lawsuit proceeds that remain after the attorney and other higher-priority creditors are paid. The plaintiff pays either these remaining case proceeds or the total owed to the financierâwhichever amount is lower. The plaintiff pays the financier nothing if he loses his lawsuit. Chapter I investigates the effect of access to CLF on medical malpractice claim payment, claim duration, and the filing rate. Chapter II explores the effect of access to CLF on consumer welfare, measured by Chapter 7 and 13 bankruptcy filings. Chapter III examines whether the strength of the relationship between the financier and the funded plaintiffâs law firm is positively or negatively associated with the financierâs gross return and interest rate. Further, Chapter III presents the first look at descriptive statistics of a CLF financierâs administrative data.
| Identifer | oai:union.ndltd.org:VANDERBILT/oai:VANDERBILTETD:etd-03232017-124621 |
| Date | 30 March 2017 |
| Creators | Xiao, Jean Y. |
| Contributors | Paige M. Skiba, Andrew F. Daughety, Rosa Ferrer, Brian T. Fitzpatrick, Jennifer F. Reinganum |
| Publisher | VANDERBILT |
| Source Sets | Vanderbilt University Theses |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.library.vanderbilt.edu/available/etd-03232017-124621/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to Vanderbilt University or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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