civil courts. too much litigation? lawrence friedman argues that “total justice” derives from...

Civil Courts

Too Much Litigation?

Lawrence Friedman argues that “total justice” derives from increase in human control over external world and expectations that someone is at fault

$3 Million Cup o’ Coffee

Stella Liebeck, age 79, has coffee cup between knees trying to remove lid – spills on thighs

Suffers 3rd degree burns, requires 8 days in hospital and skin grafts

Makes claim for $20,000, McDonald’s refuses, offers $800

$3 Million Cup o’ Coffee

McDonald's refused Morgan's initial offer to settle for $90,000.

just before trial Morgan offered to settle for $300,000, and a mediator suggested $225,000, but McDonald's refused

$3 Million Cup o’ Coffee

Liebeck sues, discovers over 700 claims against McDonalds between 1982 and 1992 – many involve 3rd degree burns

McDonalds serves coffee at 180 and 190 degrees – home coffee makers dispense at 135-140 degrees

$3 Million Cup o’ Coffee

Jury awarded Liebeck $200,000 in compensatory damages, reduced to $160,000 because jury found Liebeck 20% at fault

The jury awarded Liebeck $2.7 million in punitive damages, equal to two days of McDonalds' coffee sales.

$3 Million Cup o’ Coffee

Trial judge reduced punitive damages to $480,000 – 3 x compensatory damages while calling McDonalds’ conduct “reckless, callous and willful.”

Civil Cases per capita 1999-2008

Composition of Civil Docket 7 States, 2007-2008

Docket Composition – UT - 2008

Mortgage Foreclosures – 9 states

Tort Filings – General Courts – 5 States

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1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

CAFLNJNYTX

Medical Malpractice Torts in 7 States(AZ,CT, MS, NJ, NY, RI, OR)

Average Medical Malpractice Award, adjusted (2009) dollars, 1991-2009

Plaintiff Win Rate, Federal District Courts 1986-94, by Parties

Alternative Dispute Resolution

MediationArbitration

(includes private courts/religious courts)

Mediation-Arbitration