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

0100002000030000400005000060000700008000090000

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