Stats On Federal Tort Litigation

[Sen.Blutarsky 0]

I thought that an article, below, from today’s Wall Street Journal would inform some of you, especially those who do not reside in the U.S. Plus it’s brief and therefore easy to type


U.S. Courts See Tort Trials Fall, Study Says

WASHINGTON – Product liability, medical malpractice and other tort trials concluded in U.S. federal courts fell by nearly 80% from 1985 to 2003, according to a new Justice Department study.

The expense of and complexity of cases and growth of alternative dispute-resolution programs contributed to the decline of completed trials, the Justice Department’s Bureau of Justice Statistics said.

The study found tort trials concluded in U.S. district courts declined from 3,600 trials in 1985 to fewer than 800 trials in 2003. About 2% of all tort cases are concluded at trial, the study found.

The median or typical damage award was $201,000 for plaintiffs who won in tort trials concluded in 2002 and 2003, the study found. Typical awards were highest in medical malpractice trials, at $600, 000, and product-liability trials, $350,000.

Common federal tort trials include motor-vehicle accident, 20%; product liability, 13%; marine, 10%; and medical malpractice, 10%. Tort cases involve plaintiffs claiming injury, loss or damage resulting from a defendant’s negligent or intentional acts.

Plaintiffs prevailed in 48% of the tort cases completed by trial in 2002-2003. They were less likely to prevail in medical malpratice trials, where plaintiffs won 37% of the time, or in product liability, where they won 34% of the time.

Source: U.S. Courts See Tort Trials Fall, Study Says, The Wall Street Journal, Aug. 18, 2005, at D2.


Feel free to post similar material here including that concerning tort litigation in the various state courts.


Blutarsky 2008. No Prisoners!

[lawrocket 3]

Quote

The expense of and complexity of cases and growth of alternative dispute-resolution programs contributed to the decline of completed trials, the Justice Department’s Bureau of Justice Statistics said.

I think there's a far better reason for this, Mr. Senator. Back in 1985, 28 USC section 1332 only required a controversy in excess of $10,000.00 to invoke diversity jurisdiction. In 1988 it was changed to $50,000.00. It was changed again in 1996 to $75,000.00.

So, now that the amount in controversy has gone so much higher, the pool of cases has dropped dramatically. I can shit a $10k car accident case. $75k? That's a bit tougher.

Why didn't the study mention that?

p.s. - I like the stats on winning, etc. It gives people a better idea about what happens. Then again, Federal Courts are a different beast altogether, and it's been a couple of years since I've had any involvement with it.

My wife is hotter than your wife.