Legal Opinion · Concurrence

Demetra Baylor v. Mitchell Rubenstein & Associat

Court of Appeals for the D.C. Circuit

Decided May 30, 2017No. 16-7070 Consolidated with 16-7071Published

1ConcurrenceKaren LeCRAFT Henderson, Circuit Judge

It is a time-honored bargaining tactic: make an unreasonable opening offer in an effort to “anchor” the ensuing give-and-take to an artificially high (or low) range of prices. Russell Korobkin, Aspirations and Settlement, 88 Cornell L. Rev. 1, 32 (2002). Even if the offer has no basis in reality and is rejected out of hand, it may for psychological reasons yield an artificially high (or low) final price. Id. at 32 & nn.151-53 (citing evidence that people “often begin [a negotiation] with a reference value ... and then adjust from that point to arrive at their final determination,” even if…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. Dolores J. Copeland, Individually and on Behalf of the Class of All Others Similarly Situated v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
  5. Anthony Graziano v. Michael HarrisonCourt of Appeals for the Third Circuit · 1991

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