Federal Justice Statistics Program Federal Tort Trails and Verdicts, 1994-95 U.S. Drpartment of Justice Bureau of Justice Statistics Jan M. Chaiken, Ph.D. Director This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#Torts ------------------- Highlights ------------------ * During 1994-95 U.S. district courts terminated an average of 229,000 civil cases per year. Of these, about 18% were tort cases. * Of the 82,333 tort cases terminated (an average of 41,166 per year), 4.1% (3,356 cases) were decided by a jury or bench trial. Medical malpractice claims comprised 8% of trial tort cases, and product liability cases including asbestos suits, 16%. * Sixty-nine percent of the tort trial cases involved citizens from different States (diversity of citizenship), 18% involved a Federal question, and 13% involved the U.S. Government as a plaintiff (0.4%) or a defendant (12.3%). ----------------------------------------------------- Tort cases terminated in U.S. district courts, 1994-95 Federal tort cases terminated 82,333 Jury and bench trails 3,356 (4.1% of 82,333) Nontrail cases 78,977 (95.9% of 82,333) Plaintiff winners (42.5% of 3,3560) Monetary awards 1,2456 (88.1% of 1,425) ----------------------------------------------------- * A jury decided in 72% of tort cases brought to trial--including 86% of diversity of citizenship trial cases. Bench trials terminated 93% of the trial cases in which the United States was a defendant. * Overall, plaintiffs won in 43% of the tort cases decided by trials --32% of the 283 medical malpractice cases and 27% of the 527 product liability cases. Plaintiffs also won 7 of the 10 airplane product liability cases and 4 of the 7 asbestos product liability cases. * Of the 1,256 tort trial cases in which the plaintiff won monetary damages, the median award was $140,000. In 18% of these cases, the amount awarded was $1 million or more, and in 9%, $10 million or more. * The mean case processing time for all tort trial cases from filing to termination was 21.8 months, and the median was 18.1 months. Within 2 years, 68% of all tort trial cases were terminated; 5% of the cases lasted longer than 4 years. --------------------------------------------------------------------------------- By Andrew H. Press Carol J. DeFrances BJS Statisticians During fiscal years 1994 and 1995, U.S. district courts terminated more than 458,000 civil cases. U.S. district courts have original jurisdiction in an array of civil matters including civil actions that-- * deal with a Federal question arising from the interpretation and application of the U.S. Constitution, acts of Congress, or treaties * exceed $50,000 and are between parties (citizens or corporations) residing in different States or parties of a State and citizens, corporations, or subjects of a foreign country ***Footnote 1: The minimum value required was $10,000 until 1989 and $50,000 until 1996, when it was raised to $75,000 in P.L. 104-317, Federal Courts Improvement Act of 1996. *** * are commenced by the U.S. Government * involve claims arising from the personal injury or property damage caused by the negligent or wrongful act of the U.S. Govenment.***Footnote 2: 28 U.S.C. ' 1331, 1332, 1345, and 1346.*** About 18% of civil cases terminated in U.S. district courts involved tort claims in which plaintiffs alleged injury, loss, or damage from negligent or intentional acts of defendants. Of the 82,333 tort cases that were terminated, 3,356 or 4.1% were decided by a completed jury or bench trial. Of the 78,977 nontrial tort cases, 68% were terminated after the issue was joined. An issue is considered joined after the defendant has answered the complaint or has otherwise responded with Rule 12, Federal Rules of Civil Procedure, or as mandated by the court. Of the 53,855 tort cases, 23% were terminated with no court action; 22% were terminated at the pretrial conference; 19% by some judicial action by a judge or magistrate but before any pretrial conference; 2% during a jury or bench trial; and 35% by other means. This report presents findings from a study of tort cases terminated by trial verdict in U.S. district courts during fiscal years 1994 and 1995. BJS analyzed data from information compiled by the Administrative Office of the U.S. Courts (AOUSC). ----------------------------------------------------- From 1990 to 1995 an average of 1,800 tort case trials were conducted in U.S. district courts each year 1990 41,745 2,108 1991 56,159 2,127 1992 46,242 1,874 1993 41,136 1,714 1994 44,390 1,740 1995 37,943 1,616 ----------------------------------------------------- According to the AOUSC, a trial is defined as "a contested proceeding where evidence is introduced." A trial is considered complete when a verdict is returned by a jury or a decision is rendered by the court. For this report, completed trials were determined by screening for cases whose procedural progress at termination was recorded as "terminated after the completion of a trial by jury or trial before a judge or magistrate." Jury and bench trials disposed of before the start of the trial or during the trial are excluded from the analysis. Award information presented is for tort cases in which the judgment was for monetary damages. Tort trial cases awarding court costs only or court costs and attorney fees were excluded from the award analysis. The number of tort trial cases appealed and the outcomes of appeal are not reported here. For purposes of this report, tort cases fall into two categories: personal and property. Personal tort cases involve injury to a person or to the reputation or feelings of a person. Property tort cases involve injury or damage to personal property. During 1994-95 in almost all (92%) tort trial cases terminated in U.S. district courts, plaintiffs cited personal injury as the type of damage (table 1). Of these, motor vehicle cases accounted for 19% of tort trial cases, product liability cases including asbestos 16%, and medical malpractice cases 8%. --------------------------------------------------------------------------- Table 1. Tort trial cases terminated in U.S. district courts, 1994-95 Jury and bench cases terminated Type of tort case Number Percent All tort cases 3,356 100% Personal injury Tota 3,100 92.4% Airplane 53 1.6 Assault, libel, and slander 61 1.8 Federal employers' liability 192 5.7 Marine 260 7.7 Motor vehicle 625 18.6 Medical malpractice 283 8.4 Product liability 527 15.7 Airplane 10 .3 Marine 7 .2 Motor vehicle 67 2.0 Asbestos 7 .2 Other 436 13.0 Other personal injury 1,099 32.7 Property damage Total 256 7.6% Fraud 80 2.4 Truth-in-lending 7 .2 Product liability 61 1.8 Other property damage 108 3.2 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ------------------------------------------------------------------------------------ Jurisdiction refers to the basis for filing the civil action in U.S. district courts as opposed to State courts. Diversity of citizenship was the reason why Federal rather than State courts handled 69% of the tort trial cases in U.S. district court (table 2). Eighteen percent of the cases involved a Federal question, and 13% involved the U.S. Government as a plaintiff or a defendant. ------------------------------------------------------------------------------------ Table 2 . Type of jurisdiction for tort cases terminated by trial in U.S. district courts, 1994-95 Tort cases terminated by trial Jurisdiction Number Percent Total 3,356 100% U.S. plaintiff 14 .4 U.S. defendant 413 12.3 Federal question 606 18.1 Diversity of citizenship 2,317 69 Local question (U.S. territories) 6 .2 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ------------------------------------------------------------------------------- ------------------------------- Trial terminations ------------------------------ Federal civil trial cases can be decided by either a jury comprised of 6 to 12 members or a Federal judge or magistrate (bench trial). The plaintiff or the defendant may request the case be settled by a jury trial. If no request for jury trial is made by either party, the case is tried by bench trial. However, in most cases in which the United States is named as a defendant,Federal law stipulates that only a bench trial is allowed.***Footnote 3: 28 U.S.C. ' 2402.*** Jury verdicts in a Federal civil case must be unanimous and cannot be taken from a jury reduced to fewer than six members. ---------------- Jury trials ---------------- Almost three-quarters of tort trial cases were decided by jury verdict (table 3). Type of termination (jury or bench) varied by the nature of the Federal jurisdiction. A majority of diversity of citizenship (86%) and Federal question (64%) tort trial cases were decided by jury verdict. -------------------------------------------------------------------------------- Table 3. Type of termination, by jurisdiction, for tort trial cases in U.S. district courts, 1994-95 Tort cases terminated in U.S. district courts Diver- Local ques- Type of U.S. U.S. Federal sity of tion in U.S. termination Total plain- defen- ques- citizen- territ- tiff dant tion ship ories Number of tort trial cases 3,356 14 413 60 2,317 6 Total 100% 100% 100% 100% 100% 100% Jury trial 72.2 42.9 6.8 64.2 86.1 66.7 Bench trial 27.8 57.1 93.2 35.8 13.9 33.3 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. -------------------------------------------------------------------------------- Of the 2,422 tort cases decided by jury trial, 94% were personal injury cases. Ninety-two percent of other personal injury product liability cases were decided by jury trial; 84% of assault, libel, and slander cases; and 82% of motor vehicle product liability cases. All seven of the asbestos product liability cases were terminated by jury trial. ----------------- Bench trials ----------------- Twenty-eight percent of all tort trial cases were terminated by bench trial. Most (88%) of these cases were also personal injury cases. Bench trials decided 93% of the tort trial cases in which the United States was a defendant and 57% of the cases in which the United States was a plaintiff. Over half of other property damage cases (59%) and marine cases (56%) were decided by bench trial (table 4). ------------------------------------------------------------------------------- Table 4. Type of tort trial cases, by type of termination, in U.S. district courts, 1994-95 Jury and bench tort trials terminated Type of tort case Number Jury Bench All tort cases 3,356 72.2% 27.8% Personal injury Airplane 53 62.3% 37.7% Assault, libel, and slander 61 83.6 16.4 Federal employers' liability 192 81.8 8.2 Marine 260 43.8 56.2 Motor vehicle 625 73.8 26.2 Medical malpractice 283 65.4 34.6 Product liability 527 89.8 10.2 Airplane 10 70.0 30.0 Marine 7 71.4 28.6 Motor vehicle 67 82.1 17.9 Asbestos 7 100.0 -- Other 436 91.5 8.5 Other personal injury 1,099 73.0 27.0 Property damage Fraud 80 61.3% 38.8% Truth-in-lending 7 57.1 42.9 Product liability 61 80.3 19.7 Other property damage 108 40.7 59.3 --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ------------------------------------------------------------------- ------------------------------------------------------------------------------ Jury verdicts in tort cases disposed in State courts in the 75 largest counties, 1992 Juries in State general jurisdiction courts in the Nation's 75 largest counties decided an estimated 9,500 tort cases during the 12-month period ending June 30, 1992. Automobile cases accounted for 41% of all tort cases settled by jury verdict, premise liability cases 21%, and medical malpractice cases 14%. Product liability and toxic substance cases were 7%. In half of all tort jury cases, the plaintiff won the decision. Plaintiff success varied by type of tort case. Plaintiffs won in 74% of toxic substance cases, 60% of automobile cases, 41% of product liability cases, and 30% of medical malpractice cases. Juries awarded altogether $1.9 billion in compensatory and punitive damages to plaintiff winners in tort cases. The median recovery was $51,000. Approximately 21% of the final awards to plaintiff winners in tort cases were over $250,000. Half the plaintiff winners in product liability cases were awarded total damages in excess of $250,000. About 8% of plaintiff winners received final awards of $1 million or more. The largest proportion of these $1-million-plus awards were in medical malpractice cases (25%), followed by product liability cases (15%). Juries awarded punitive damages as a part of the overall award in 4% of the tort cases in which the plaintiff won. The median punitive damage award in tort cases was $36,000. Twenty-three percent of the punitive damage awards in tort cases were in excess of $250,000, and 10% were $1 million or more. Plaintiffs won in 142 product liability cases and received punitive damages in 3 of the cases. Of the 403 medical malpractice cases with a plaintiff winner, punitive damages were awarded in 13 cases. In 4 of the 13 cases, the punitive damage award was over $250,000. Source: Civil Jury Cases and Verdicts in Large Counties, BJS Special Report, NCJ-154346, 1995. ----------------------------------------------------------------------------- ------------------- Trial outcome ------------------- Overall, plaintiffs won in 43%, or 1,425, of the tort cases decided by trial verdict in U.S. district courts (table 5). Plaintiff success varied by type of case. Plaintiffs won in 7 of 10 airplane product liability cases and 4 of 7 asbestos product liability cases. In over 56% of personal injury cases, Federal employers' liability and motor vehicle cases, plaintiffs won the trial. Plaintiffs were least successful in medical malpractice cases (32%) and motor vehicle product liability cases (18%). ----------------------------------------------------------------------------------------- Table 5. Plaintiff winners and their award amount, by type of tort trial cases terminated by trial in U.S. district courts, 1994-95 Jury and Type bench Percent Number $10 of cases Plain of cases monetary Over million tort termin- tiff won by awards Median $1 or cases ated winners plaintiff plaintiff award million more All tort cases 3,356 1,425 42.5% 1,256 $140,000 17.9% 8.6% Personal injury Airplane 53 30 56.6% 28 $655,000 46.4% 7.1% Assault, libel, and slander 61 21 4.4 34.4 339,000 29.4 5.9 Federal employers' liability 192 108 56.3 94 225,000 2.8 7.4 Marine 260 127 48.0 113 132,000 15.0 8.8 Motor vehicle 625 358 57.3 324 83,000 1.7 6.5 Medical malpractice 283 90 31.8 76 463,000 28.9 13.2 Product liability 527 141 26.8 128 284,000 26.6 10.2 Airplane 10 7 70.0 7 999,000 42.9 14.3 Marine 7 4 57.1 3 54,000 -- -- Motor vehicle 67 12 17.9 12 250,000 16.7 -- Asbestos 7 4 57.1 3 327,000 33.3 -- Other 436 114 26.1 103 265,000 27.2 11.7 Other personal injury 1,099 430 39.1 368 89,000 15.5 8.4 Property damage Fraud 80 38 47.5% 33 $389,000 24.2% 6.1% Truth- in-lending 7 3 42.9 3 1,000 -- -- Product liability 61 24 39.3 20 256,000 20.0 10.0 Other property damage 8 55 50.9 52 162,000 28.8 17.3 --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ----------------------------------------------------------------------------------------- ---------------- Trial awards ---------------- Tort cases typically involve a compensatory award for economic damages, which include all financial losses that are the result of the defendant's conduct. Tort cases also can include a compensatory award for noneconomic damages, which include awards for pain and suffering and emotional distress. Distinct from compensatory damages are punitive damages, which are almost exclusively reserved for tort claims in which the defendant's conduct was grossly negligent or intentional. Under the provisions of the Federal Tort Claims Act, the United States is not liable for punitive damages*** Footnote 4: 28 U.S.C. ' 2674. *** In the tables and text presented below, award amounts include compensatory and/or punitive damages. Due to the nature of the data, award amounts for the two types of damages cannot be identified separately. Additionally, in cases won by plaintiffs, monetary damages were not always awarded, as other forms of restitution were also used. In 88% of tort trial cases in which the plaintiffs won, the jury or court awarded damages. The median damage award for all tort cases was $140,000. The amount of awarded damages varied by type of case. Half of the plaintiff winners in airplane product liability cases were awarded damages over $999,000. The median award for plaintiff winners in airplane personal injury cases was $655,000, for medical malpractice cases $463,000, and for asbestos product liability cases $327,000. In 18% of the cases with a plaintiff winner, damages awarded were over $1 million. An award of $1 million or more was received in 46% of airplane personal injury cases and 29% of medical malpractice cases; assault, libel, and slander cases; and other property damage cases. In 9% of tort trial cases with plaintiff winners, awards exceeded $10 million. Thirteen percent of medical malpractice cases involved awards of $10 million or more. ----------------------------------------- Tort trials with the U.S. Government ---------------------------------------- Litigation involving the U.S. Govern- ment is primarily under the control of the Attorney General. The U.S. Code states: "Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefore, is reserved to officers of the Department of Justice, under the direction of the Attorney General." ***Footnote 5: 28 U.S.C. ' 516.*** In recent years Congress has enacted a number of separate grants of litigation authority allowing some Federal agencies to have or share responsibility with the Justice Department for conducting their litigation. For example, lawsuits filed under the Longshoremen's and Harbor Workers' Compensation Act against the Secretary of Labor can be independently litigated by Department of Labor attorneys.***Footnote 6: 33 U.S.C. ' 921(a).*** The Environmental Protection Agency can litigate cases under the Clean Air Act independently only if the Attorney General does not provide legal representation.***Footnote 7: 42 U.S.C. ' 7605.*** Between 1994 and 1995 the U.S. Government was party to slightly more than 400 tort trial cases--most frequently as a defendant. As a plaintiff the U.S. Government was involved in 14 tort trial cases terminated in U.S. district courts, winning 5 cases (not shown in a table). The U.S. Government as a winning plaintiff received damages in 4 of these 5 cases. The median award was $7,000. Tort actions against the U.S. Government are governed by the Federal Tort Claims Act. This act provides the legal mechanism for compensating persons injured by the negligent or wrongful acts of Federal employees committed within the scope of their employment. An administrative claim to the appropriate Federal agency is a prerequisite before filing suit in U.S. district court. If the claim is denied by the Federal agency in writing or if the Federal agency does not make a decision about the claim within 6 months, then the claimant can file suit in U.S. district court. Lawsuits under the act can only be tried by bench trial.***Footnote 8: 28 U.S.C. '2671-2680.*** The Torts Branch of the Civil Division within the Department of Justice represents the United States, its agencies, and its officers sued in tort actions. This includes suits against the United States under the Federal Tort Claims Act, the Public Vessels Act, all admiralty suits, and common-law suits against individual government employees.***Footnot 9: Urban A. Lester and Michael F. Noone, Litigation With The Federal Government, 3rd edition. Philadelphia: The American Law Institute, 1994.*** U.S. district courts terminated 413 tort trial cases in which the U.S. Government was the defendant (table 6). These cases primarily involved medical malpractice and other types of personal injury. In 46% of these tort trial cases, the verdict was in favor of the United States. In seven of the tort trial cases in which the United States as a defendant won the judgment, monetary damages were awarded. The median award for all cases was $13,000. --------------------------------------------------------------------- Table 6. U.S. Government as defendant in tort trial cases terminated by trial in U.S. district courts, 1994-95 U.S. Government as defendant Number Defendant winner Type of Jury and Percent With tort bench cases Defendant of all monetary Median case terminated winner tort cases award award All tort cases 413 190 46.0% 7 $13,000 Personal injury Airplane 9 3 33.3% Federal employers' liability 8 3 37.5 Marine 26 13 50.0 Motor vehicle 98 30 30.6 4 $18,000 Medical malpractice 90 53 58.9 Product liability 4 3 75.0 Marine 1 Other 3 3 100.0 Other personal injury 158 76 48.1 1 $13,000* Property damage Fraud 2 Truth-in -lending 1 Other 17 9 52.9% 2 $191,000 Note: Categories with no cases are omitted. *Not a median but the actual amount awarded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. --------------------------------------------------------------------------- ---------------------------------- Federal question cases ---------------------------------- U.S. district courts terminated 606 tort trial cases that involved a Federal question (table 7). Of these cases, plaintiffs won in 51% or 310 cases and received monetary awards in 271 cases. Half the plaintiff winners receiving damages in Federal question cases were awarded $155,000 or more. Plaintiffs won the judgment in 57% of Federal employers' liability cases involving a Federal question. Plaintiff winners received awards in 87% of Federal liability cases; the median amount received was $225,000 . ----------------------------------------------------------------------------- Table 7. Plaintiffs in tort trial cases involving a Federal question terminated by trial in U.S. district courts, 1994-95 Federal question cases in U.S. district courts Number Number Number of jury and of cases Percent of of plaintiff Nature bench cases in which plaintiff monetary Median of suit terminated plaintiff won winners awards award All tort cases 606 310 51.2% 271 $155,000 Personal injury Airplane 7 5 71.4% 5 $462,000 Assault, libel, and slander 18 3 16.7 2 3,566,000 Federal employers' liability 184 104 56.5 90 225,000 Marine 204 102 50.0 91 145,000 Motor vehicle 16 9 56.3 7 125,000 Product liability 16 5 31.3 5 667,000 Airplane 2 2 100.0 2 999,000* Marine 1 1 100.0 1 667,000* Motor vehicle 2 1 50.0 1 11,000* Other 11 1 9.1 1 147,000* Other personal injury 109 53 48.6 44 65,000 Property damage Fraud 16 10 62.5% 9 $764,000 Truth-in -lending 5 1 20.0 1 1,000* Product liability 3 1 33.3 1 34,000* Other property damage 28 17 60.7 16 188,000 *Not a median but the actual amount awarded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ------------------------------------------------------------------------------------ ----------------------------------------- Diversity of citizenship cases ----------------------------------------- The vast majority of tort trial cases terminated by U.S. district courts entailed diversity of citizenship in which citizens, including corporations, of different States were involved in a civil dispute with an amount in controversy exceeding $50,000. Of the 2,317 diversity of citizenship cases terminated by trial verdict, plaintiffs won in 40%, or 917, of the cases (table 8). Plaintiffs received monetary awards in 821 cases; the median amount awarded was $136,000. ------------------------------------------------------------------------------------------------ Table 8. Plaintiffs in tort trial cases involving diversity of citizenship terminated by trial in U.S. district courts, 1994-95 Cases with diversity of citizenship in U.S. district courts Number of Percent Number jury and of cases Plaintiff bench cases in which Plaintiff monetary Median Nature of suit terminated plaintiff won winners awards award All tort cases 2,317 39.6% 917 821 $136,000 Personal injury Airplane 37 56.8% 21 19 $390,000 Assault, libel, and slander 43 41.9 18 15 339,000 Federal employers' liability Marine 28 42.9 12 10 72,000 Motor vehicle 510 56.5 288 258 94,000 Medical malpractice 193 28.5 55 49 500,000 Product liability 507 26.6 135 123 275,000 Airplane 8 62.5 5 5 2,000,000 Marine 5 40.0 2 2 28,000 Motor vehicle 65 16.9 11 11 250,000 Asbestos 7 57.1 4 3 327,000 Other 422 6.8 113 102 270,000 Other personal injury 824 37.5 309 278 91,000 Property damage Fraud 60 43.3% 26 22 $213,000 Truth-in-lending 1 100.0 1 1 216,000* Product liability 55 40.0 22 18 361,000 Other property damage 59 50.8 30 28 250,000 *Not a median but the actual amount awarded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. -------------------------------------------------------------------------------------------------- Plaintiffs won in 57% of the 510 motor vehicle cases and were awarded damages in 258 cases. The median award in these cases was $94,000. In medical malpractice cases, plaintiffs received damages in 49 cases; the median award amount was $500,000. Plaintiffs won in 4 of 7 asbestos product liability cases. In the three asbestos cases in which the plaintiffs received damages, the median award amount was $327,000. ---------------------------- Case Processing Time ---------------------------- The mean case processing time for all tort trial cases from filing to termination was 21.8 months, and the median was 18.1 months (table 9). Within 2 years, 68% of all tort trial cases were terminated; 5% of the cases lasted longer than 4 years. Seventy-nine percent of assault, libel, and slander cases were terminated in less than 2 years. Medical malpractice cases took on average 25.3 months from the filing of the complaint to termination. Fifty-six percent of personal injury product liability cases took less than 2 years to terminate. ------------------------------------------------------------------------------------------- Table 9. Case processing time for tort trial cases terminated by trial in U.S. district courts, 1994-95 Time from filing Percent of tort Number to termination cases concluded of jury and of case in -- Nature bench cases Median Mean Less than 2 to less 4 years of suit terminated months months 2 years than 4 years or more All tort cases 3,356 18.1 21.8 68.4% 26.5% 5.1% Personal injury Airplane 53 21.8 30.5 60.4% 22.6 17.0% Assault, libel, and slander 61 16.8 19.2 78.7 16.4 4.9 Federal employers' liability 192 18.2 20.1 75.5 21.9 2.6 Marine 260 18.7 21.8 69.2 26.5 4.2 Motor vehicle 625 15.9 17.7 78.4 20.3 1.3 Medical malpractice 283 22.0 25.3 55.1 38.2 6.7 Product liability 527 22.2 25.7 55.6 37.8 6.6 Airplane 10 33.8 30.8 30.0 60.0 10.0 Marine 7 23.2 33.6 57.1 28.6 14.3 Motor vehicle 67 22.5 24.9 55.2 40.3 4.5 Asbestos 7 15.8 23.6 71.4 14.3 14.3 Other 436 22.1 25.6 56.0 37.4 6.7 Other personal injury 1,099 17.1 20.8 72.7 21.9 5.4 Property damage Fraud 80 20.4 26.0 61.3% 26.3% 12.5% Truth-in- lending 7 15.8 15.2 100.0 -- -- Product liability 61 22.8 26.6 55.7 34.4 9.8 Other property damage 108 20.9 23.7 58.3 37.0 4.6 Note: Case processing time for cases appealed was not included in the analysis for this table. --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-95. ----------------------------------------------------------------------------------------------------- The case processing time for tort cases varied slightly by type of trial. The median case processing time for bench trials was 19.3 months compared to 17.7 months for jury trials (not shown in a table). ------------------------------------------------------------------------- Class actions During fiscal years 1994-95, four tort class action suits were terminated by trial in U.S. district courts. Three of the four cases were decided by jury trial. The nature of the case in two of the four suits was classified by AOUSC as "other personal injury." In the remaining two class action suits, one dealt with personal injury product liability and the other with fraud. Plaintiffs won and received monetary awards in 2 of the 4 class action suits. Plaintiffs were awarded over $10 million in the diversity of citizenship other personal injury case and $1,000 in the Federal question other personal injury case. ----------------------------------------------------- --------------------------------------------------------------------------- Examples of types of cases ----------------------------------------- Diversity of citizenship cases ---------------------------------------- Personal injury A civil action was tried in Federal court because a plaintiff in New Jersey claimed he was struck by a motor vehicle owned by the defendant and operated by a defendant in Philadelphia. Inasmuch as the plaintiff is a citizen of New Jersey and the defendants are citizens of Pennsylvania, suit was filed in U.S. District Court, Eastern District of Pennsylvania.***Footnote a: McNulty v. Travel Park, 833 F. Supp. 144 (E.D.Pa. 1994).*** --------------------------------------- Assault, libel, and slander -------------------------------------- A plaintiff brought a defamation/invasion of privacy suit against the defendant to Federal court based on the parties' allegedly diverse citizenship. The plaintiff, a citizen of Maryland, contended that the defendant was a citizen of North Carolina. The defendant answered that he was in fact domiciled in and hence a citizen of Maryland, citing this State as his domicile of origin and the fact that he owned and paid taxes on certain real estate. The defendant was born and raised in Maryland and maintained a residence in the State. He inherited the residence upon his mother's death and paid property taxes to the State. The plaintiff, however, claimed that the defendant was physically located in and with his family in North Carolina. The suit was filed in U.S. District Court, District of Maryland.***Footnote b: Dyer v. Robinson, 853 F. Supp. 169 (D.Md. 1994).*** ---------------------------------------- Federal Tort Claims Act cases Medical malpractice ---------------------------------------- A plaintiff filed suit against the United States of America alleging that physicians at the Veterans Administration Hospital were negligent when a piece of gastric tubing was left in the plaintiff's stomach during an operation. The plaintiff's complaint claimed medical negligence and/or malpractice. The plaintiff's claim against the medical facility was limited solely to negligence or malpractice in treatment by the medical facility constituting negligence and/or malpractice within the meaning of the law. The suit was filed in U.S. District Court, Eastern District of Louisiana.***Footnote c: Branch v. United States of America, 1994 WL 507416 (E.D.La.)*** ------------------ Asbestos ----------------- The plaintiffs (inmates) alleged that they were negligently exposed to asbestos at the USP-Terre Haute Institution and that this exposure endangered their lives and health. They alleged that the Bureau of Prisons (BOP) negligently permitted this condition to exist. Their administrative tort claims were denied by the BOP. The suit was filed in U.S. District Court, Southern District of Indiana.***Footnote d: Castor v. United States of America, 883 F. Supp. 344 (S.D.Ind. 1995).*** ***Note: All cases were selected for illustrative purposes only.*** ------------------------------------------------------------------------------ ------------------------- Methodology ------------------------ The primary source of data presented in this report is the Federal Judicial Center's Integrated Data Base (Civil). Data tabulations were prepared from the BJS staff analysis of source agency data sets. The Federal civil tort categories used in this report are based primarily on the codes established by the Administrative Office of the United States Courts. Case-level information is provided by individual U.S. district courts, which submit data to the AOUSC. The categories for types of cases used in this report are based on those defined by the AOUSC. Therefore, no further detailed information is available on the large number of "other personal injury cases and other product liability cases." For tort cases that involved more than one type of action filed, the AOUSC instructs the plaintiff's attorney if the cause fits more than one nature of suit, select the most definitive. It is this first nature of suit code that was used in the analysis for this report. ---------------- Definitions ---------------- After court trial: The action was disposed of after the completion of a trial before a judge or magistrate. After jury trial: The action was disposed of after the completion of a trial before a jury. Procedural progress at termination: Indicates the point to which the action had progressed when it was disposed of. When used as part of these definitions, a trial is defined as "a contested proceeding where evidence is introduced." A trial is considered completed when a verdict is returned by a jury or a decision is rendered by the court. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. U.S. Government defendant: Actions against agencies and officers of the United States. U.S. Government plaintiff: Actions by agencies and officers of the United States. Federal question cases involve the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. Diversity of Citizenship cases involve actions in which the amount in controversy exceeds $50,000 between citizens or corporations of different States; citizens or corporations of a State and citizens or subjects of a foreign country; citizens or corporations of different States where citizens or subjects of a foreign country are additional parties; or a foreign state as defined in Title 28 U.S.C. ' 1603(a), as plaintiff, and citizens of a State or different States. Local question: Actions involving non-Federal civil procedures based on local civil law in territorial districts. Source: "Statistics Manual _ Chapter V: Instructions for Completing District Court Report Forms." Guide to Judiciary Policies and Procedures Volume XI, published and distributed by the Administrative Office of the U.S. Courts. Source: "Glossary of Terms Used in the Federal Courts," prepared by the Administrative Office of the U.S. Courts. Examples of U.S. civil statutes under which a suit is filed Other personal injury: Consumer Products Safety Act: Personal Injury; Flammable Fabrics Act (if personal injury); Industrial Accident Board (workman's compensation); Oil Pollution Act 33:431-437, 1001-1015. Assault, libel, and slander: Consumer Credit Protection Act: Bad Credit Reporting; Wiretap 47:605. Marine: Jones Act (Merchant Marine) 46:688; Longshoremen's and Harbor Worker's Compensation Act 33:901-950; Outer Continental Shelf Lands Act, Personal Injury; Public Vessels Act 46:781-790. Medical malpractice: Medicare Act 42:1395. Other fraud: Anti-Kickback Act; Consumer Credit Protection Act: Interest Rates 15:1600; Fair Credit Reporting Act 15:1681; False Claims Act 31:231; Federal Odometer Disclosure Act 49:404, 408b; Franking Mail Privilege; Interstate Land Sales Full Disclosure Act 15:1701; Motor Vehicle Information and Cost Savings Act: Odometer Fraud. Other personal property damage: Limitation of Liability (Exoneration from) 46:189-196; Limited Liability Acts (Shipping) 46:182-196. Source: Civil Codebook for data set ICPSR 8429. ---------------------------------------------------------------------------- The primary source of data for tables presented in this report is the Federal Judicial Center's Integrated Data Base (Civil). The Center derives the data for the Integrated Data Base (Civil, Criminal, and Appeals) from files provided by the Administrative Office of the U.S. Courts (AOUSC). The AOUSC data are based on information received from the U.S. district courts regarding the filing and termination of cases and appeals in the Federal courts. The Integrated Data Base is archived at the Inter-University Consortium for Political and Social Research (ICPSR) as "Federal Court Cases: Integrated Data Base" (Study #8429). Data can be obtained from the ICPSR through 1-800-999-0960 or http://www.icpsr.umich.edu. David Rauma, Ph.D., and George Cort of the Federal Judicial Center provided the data to BJS for analysis. ------------------------------------------------------------------------------ -------------------------------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Special Reports address a specific topic in depth from one or more data sets that cover many topics. Andrew H. Press and Carol J. DeFrances wrote this report. Greg W. Steadman provided statistical review. Special thanks go to Patricia Lombard, Senior Researcher of the Federal Judicial Center, for providing data assistance; Jeffrey Axelrad, Director of Federal Tort Claims Acts, Civil Division, for providing Federal tort cases; and Professor Kevin M. Clermont, Cornell Law School, for providing statistical assistance and comments. Tom Hester and Tina Dorsey edited the report. Marilyn Marbrook, assisted by Yvonne Boston, administered final production. December 1997, NCJ-165810 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Data can be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The report, data, and supporting documentation are also available on the Internet: http://www.ojp.usdoj.gov/bjs/ The archive may be accessed through the BJS Web site. When at the archive site, search for data set ICPSR 8429. -----------------------------------------------------------------------