U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Federal Tort Trials and Verdicts, 1996-97: Federal Justice Statistics Program February 1999, NCJ 172855 Revised 5/3/99 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 By Marika F.X. Litras, Ph.D. and Carol J. DeFrances, Ph.D. BJS Statisticians During each fiscal year, 1996 and 1997, U.S. district courts terminated an average of 296,000 cases. Approximately 84% of these cases were civil, and 16% were criminal cases. Of the nearly 500,000 civil cases terminated during fiscal years 1996-97, 19% (96,284) were tort claims in which plaintiffs claimed injury, loss, or damage from defendants' negligent or intentional acts. This report presents data on the 3,023 tort cases that a jury or bench trial decided during this 2-year period. Data on tort cases from 1996 and 1997 were combined to provide a larger number of cases for detailed analysis. Previously, the Bureau of Justice Statistics (BJS) reported findings from a study of 1994-95 tort trial cases. (Federal Tort Trials and Verdicts, 1994-1995, BJS Special Report (NCJ 165810).) Compared to fiscal years 1994-95, during 1996-97 -- * the overall number of tort cases terminated in U.S. district courts increased 17% * the number of tort cases terminated by a trial verdict declined 10% * the percentage of plaintiff winners in tort trial cases increased slightly from 43% to 45% * the median award amount to plaintiff winners remained about $141,000. ------------------------------------------------------------------------ Highlights figure: Tort cases terminated in U.S. district courts, 1996-97 Federal tort cases terminated 96,284 Jury bench trials 3,023 (3% of 96,284) Plaintiff winner 1,249 (45% of 2,795 known cases) Monetary awards 1,073 (86% of 1,246 known cases) Nontrial cases 93,261 (97% of 96,284) Highlights * During fiscal years 1996-97, over 80% of cases terminated in U.S. district courts dealt with civil matters. Of the 250,000 civil cases terminated per year, 19% were tort cases. * During 1996-97 U.S. district courts terminated 96, 284 tort cases, an increase of 17% from 1994-95 when 82,333 tort cases were terminated. * Compared to 1994-95, tort cases terminated by trial verdict decreased 10% from 3,356 to 3,023 cases in 1996-97. * Of the 96,284 tort cases terminated during fiscal years 1996-97, a jury or bench trial decided 3%, or 3,023 cases. Tort trial verdicts provide the most complete data to examine award amounts at the Federal level. * Nearly three-fourths of tort trials in U.S. district courts resulted from a dispute between citizens and/or corporations from different States (diversity of citizenship). * A jury decided 75% of all tort cases brought to trial in U.S. district courts. A jury trial decided a majority of diversity of citizenship cases (88%) and Federal question cases (63%). * Plaintiffs won 45% of all tort trial cases in which a judgment was known, 44% of personal injury cases, 29% of product liability cases, and 54% of cases involving property damage. * Of the 1,249 tort trial cases won by plaintiffs, 86% (1,073) received monetary damages with a median award of $141,000. The award was $1 million or more in 17% of these cases in 1996-97 and in 18% of the cases in 1994-95. <> * The average case processing time from filing to termination in 1996-97 was 20.2 months, down from 21.8 months in 1994-95. ------------------------------------------------------------------------ This report contains information about tort cases terminated by trial verdict in U.S. district courts during fiscal years 1996 and 1997 as well as general trends in tort cases terminated in U.S. district courts since 1990. For this report only those cases terminated after the completion of a trial by jury or trial before a judge or magistrate were used. According to the Administrative Office of the U.S. Courts (AOUSC), a trial is considered complete when a verdict is returned by a jury or a decision is rendered by the court. Jury or bench trials terminated before or during the trial are excluded from this analysis. Tort trial cases appealed as well as the outcomes of appeal are not reported. Data for this report were obtained from information compiled by the AOUSC. Tort trial cases terminated in U.S. district courts since 1990 The overall number of tort cases terminated fluctuated between fiscal years 1990 and 1997 (figure 1). During 1991 the overall number of tort cases that were terminated increased because a backlog of cases from the early 1980's was processed. These cases had been filed by the U.S. Government to recover overpayments of veterans' benefits and defaulted student loans. Another reason for the 1991 increase was a rise in asbestos filings during 1990 that were terminating in 1991. Civil case terminations rose again in 1996 because of an increase in Federal question case terminations attributed mostly to breast implant cases that were transferred to a single U.S. district court as part of a multi-district litigation. (Northern District of Alabama multidistrict litigation docket number 926. Source: Administrative Office of the U.S Courts, Judicial Business of the United States, 1996.) Figure 1. Overall, 47221 tort cases were terminated in U.S. district courts during 1997 Number of cases 1990 41,745 1991 56,159 1992 46,242 1993 41,136 1994 44,390 1995 37,943 1996 49,157 1997 47,222 About 3% (1,516) of all tort cases were terminated by a bench or jury trial in U.S. district courts in 1997 Terminated 1990 2,108 1991 2,127 1992 1,874 1993 1,714 1994 1,740 1995 1,616 1996 1,507 1997 1,516 Overall, the number of tort cases terminated by a trial verdict in U.S. district courts declined by an annual average of about 4% between 1990 and 1997. Over 2,000 tort cases were terminated by trial verdict in 1990, dropping to 1,714 in 1993, and reaching just over 1,500 in 1997 (figure 1). Tort cases terminated by a trial verdict as a percentage of all tort cases also have declined slightly from 5% in 1990 to 3% in 1997. Over the past 7 years, an increasing percentage of tort cases were disposed of before trial. ------------------------------------------------------------------------ Nontrial tort cases terminated in U.S. district courts, 1996-97 Of the 93,261 nontrial tort cases terminated in 1996-97, 65% were terminated after the issue was joined. An issue is considered joined after the defendant has answered the complaint or has otherwise responded in accordance with Rule 12, Federal Rules of Civil Procedure, or as mandated by the court. Of the 60,376 nontrial tort cases joined during 1996-97, 17% were terminated with no court action, 17% at the pretrial conference, 18% by a judicial action by a judge or magistrate judge but before any pretrial conference, and 1% by a request for a new trial on the entire case before a final judgment was entered (trial de novo). Nearly 6 in 10 nontrial tort cases terminated after the issue was joined originated in a U.S. district court, while about 3 in 10 were removed from a State court. The majority (53%) of these nontrial tort cases were brought to a U.S. district court based on a diversity of citizenship issue and 39% because of a Federal question. Of the 5,330 nontrial tort cases for which a winner was known, defendants won in 71% and plaintiffs in 22% of cases. Monetary awards were given in 16% of the cases after the issue was joined. ------------------------------------------------------------------------ U.S. district court jurisdiction Jurisdiction refers to the basis for filing a civil action in a U.S. district court. U.S. district courts exercise jurisdiction in civil actions that-- * deal with a Federal question arising from the interpretation and application of the U.S. Constitution, acts of Congress, or treaties ("Federal question") * exceed $75,000 and are between parties (citizens and/or corporations) residing in different States or parties of a State and citizens, corporations, or subjects of a foreign country ("diversity of citizenship") (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 initiated by the U.S. Government ("U.S. plaintiff"), (Title 28 U.S.C. Section 1345 and 1348.) or * are brought against the U.S. Government for alleged negligent or wrongful acts resulting in personal injury or property damage ("U.S. defendant"). (Title 28 U.S.C. Section 1346.) During fiscal years 1996-97, 72% of tort trial cases were tried in U.S. district courts because of the diversity of citizenship between the parties in the case (table 1). Table 1. Type of jurisdiction for tort cases terminated by trial in U.S. district courts, 1996-97 Tort cases terminated by trial Jurisdiction Number Percent Total 3023 100.0% U.S. plaintiff 6 0.2% U.S. defendant 365 12.1 Federal question 473 15.6 Diversity of 2,178 72.0 citizenship Local question (U.S. territories) 1 0 Note: Detail may not sum to 100% due to rounding. Source: Federal Judicial Center, Integrated Database (Civil), fiscal years 1996-97. Federal questions provided the basis for jurisdiction in 16% of the cases, while 12% were filed in U.S. district courts because the U.S. Government was the defendant. Jurisdiction based on local questions or where the U.S. Government was the plaintiff accounted for less than 1% of tort trial cases terminated in U.S. district courts. Federal jurisdiction in tort trials over time Since 1994 the decline in the number of tort trial cases terminated in U.S. district courts occurred across all areas of Federal jurisdiction. During fiscal years 1994 through 1997, the number of Federal question cases terminated by trial decreased from 329 to 226, and cases in which the U.S.Government was a defendant from 209 to 174 (table 2). Table 2. Type of jurisdiction for tort cases terminated by trial in U.S. distrct courts, 1994-97 Jury and bench cases terminated Jurisdiction 1994 1995 1996 1997 Total 1740 1616 1507 1516 U.S. plaintiff 9 5 3 3 U.S. defendant 209 204 191 174 Federal question 329 277 247 226 Diversity of cititizenship 1187 1130 1066 1112 Local question (U.S. territories) 6 0 0 1 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-97. Federal question cases as a proportion of all tort trials, however, declined steadily from 19% in 1994 to 15% in 1997 (figure 2). ------------------------------------------------------------------------ Figure 2 The proportion of tort trial cases based on diversity of citizenship increased 5% between 1994 and 1997, while cases based on Federal quesitons declined 4% Diversity of Federal U.S. Government Year citizenship questions as defendant 1994 68.2% 18.9% 12.0% 1995 69.9 17.1 12.6 1996 70.7 16.4 12.7 1997 73.4 14.9 11.5 ------------------------------------------------------------------------ The proportion of diversity of citizenship cases climbed annually from 68% in 1994 to 73% in 1997. The annual proportion of cases in which the United States was the defendant remained steady at about 12% of tort trials terminated between 1994 and 1997. Origin of tort trial cases The majority (62%) of tort trial cases terminated in fiscal years 1996-97 originated in U.S. district court (table 3). An additional 28% of all tort trial cases were civil actions initiated in State courts but removed to a U.S. district court, 6% were reopened or reinstated, and 3% were transferred from another district. Less than 1% of cases were either remanded from appellate court, appealed to a district judge from a magistrate judge judgment, or originated from a multi-district litigation. Table 3. The origin of tort trial cases terminated in U.S. district courts, 1996-97 Tort cases terminated by trial in U.S. district courts Origin Number Percent Total 3023 100.0% Original processing in district courts 1880 62.2% Removed from State court 843 27.9 Remanded from appellate court 19 0.6 Reopened or reinstated 178 5.9 Transferred from another district 83 2.7 Multidistrict litigation 2 0.1 Appeal to district judge from a magistrate 18 0.6 judge judgement Note: Detail may not sum to 100% due to rounding. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. The nature of tort trial cases For the purposes of this report, tort cases are organized into two categories: personal and property. Personal tort cases involve injury to a person or to the reputation of a person. Property tort cases involve damage to one's personal property. During 1996-97 personal injury cases accounted for 9 out of 10 tort trial cases terminated in U.S. district courts (table 4). Motor vehicle (19%) and product liability (16%) cases were the most frequent types of personal injury cases, followed by medical malpractice cases (7%). By comparison, property damage cases constituted the remaining 7% of tort trials terminated in U.S. district courts. The largest portion of property damage cases involved fraud (3%) and other property damage (3%). Property damage associated with product liability constituted 1% of tort trial cases terminated in U.S. district courts. Table 4. Tort trial cases terminated in U.S. district courts, 1996-97 Jury and bench cases terminated Type of tort cases Number Percent All tort cases 3023 100.0% Personal injury Total 2803 92.7% Airplane 45 1.5 Assault, libel, and slander 68 2.2 Federal employers' liability 136 4.5 Marine 211 7.0 Motor vehicles 586 19.4 Medical malpractice 223 7.4 Product liability 480 15.9 Airplane 12 0.4 Marine 10 0.3 Motor vehicle 76 2.5 Asbestos 13 0.4 Other 369 12.2 Other personal injury 1054 34.9 Property damage Total 220 7.3% Fraud 84 2.8 Truth-in-lending 11 0.4 Product liability 35 1.2 Other property damage 90 3.0 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Over the 4 years between 1994 and 1997, the overall number of tort trials declined 13%, with more than 200 fewer tort cases terminated by a trial verdict in 1997 compared to 1994 (table 5). This drop in the number of tort trial cases is due largely to a decline in certain types of personal injury cases. Between 1994 to 1997 the number of marine cases declined from 146 to 96, medical malpractice cases from 151 to 108, and personal injury cases dealing with motor vehicles from 318 to 278 cases. Table 5. Tort trial cases terminated in U.S. district courts, 1994-97 Jury and bench cases Type of tort cases 1994 1995 1996 1997 All tort case 1740 1616 1507 1516 Personal injury Total 1618 1482 1405 1398 Airplane 27 26 18 27 Assault, libel, and slander 33 28 27 41 Federal employers' liability 94 98 69 67 Marine 146 114 115 96 Motor vehicles 318 307 308 278 Medical malpractice 151 132 115 108 Product liability 279 248 221 259 Airplane 4 6 6 6 Marine 3 4 5 5 Motor vehicle 31 36 35 41 Asbestos 3 4 5 8 Other 238 198 170 199 Other personal injury 570 529 532 522 Property damage Total 122 134 102 118 Fraud 47 33 41 43 Truth-in-lending 2 5 1 10 Product liability 21 40 17 18 Other property damage 52 56 43 47 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1994-97. Trial terminations Federal civil trial cases can be decided by either a jury comprised of 6 to 12 members (jury trial) or a Federal judge or magistrate judge (bench trial). The plaintiff or the defendant may request the case be decided by a jury trial. If no request for a jury trial is made by either party, the case is tried by a bench trial. However, in most cases in which the United States is named as the defendant, Federal law stipulates that only a bench trial is allowed. (Title 28 U.S.C. Section 2402.) Jury verdicts in a Federal civil case must be unanimous and cannot be taken from a jury of fewer than six members. Jury or bench trial? Three-quarters of tort trial cases terminated in U.S. district courts were decided by a jury trial and a quarter by a bench trial during fiscal years 1996-97 (table 6). The balance of jury trials differed across case jurisdiction. The majority of diversity of citizenship (88%) and Federal question (63%) cases were decided by a jury trial, while 67% of cases involving the U.S. Government as a plaintiff and 92% as a defendant were decided by a bench trial. The type of trial termination differed according to the nature of the case (table 7). Jury trials were held in three-quarters of personal injury cases compared to just over half of property damage cases. About 90% of personal injury product liability cases were disposed of by jury trial. Bench trials decided 43% of property damage cases compared to 24% of personal injury cases. Table 6. Type of termination, by jurisdiction, for tort trial cases in U.S. district courts, 1996-97 Tort cases terminated in U.S. district courts Type of termination Number of tort trial Jury trial Bench trial Total 3023 74.5% 25.5% U.S. plaintiff 6 33.3% 66.7% U.S. defendant 365 7.7 92.3 Federal question 473 62.6 37.4 Diversity of citizenship 2178 88.4 11.6 Local question in U.S. territories 1 100.0 -- Note: Row percentages sum to 100%. --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Table 7. Type of tort trial cases, by type of termination in U.S. district courts, 1996-97 Jury and bench tort trials terminated Type of tort cases Number Jury Bench All tort cases 3023 74.5% 25.5% Personal injury Total 2803 75.9% 24.1% Airplane 45 53.3 46.7 Assault, libel, and slander 68 76.5 23.5 Federal employers' liability 136 86.0 14.0 Marine 211 38.9 61.1 Motor vehicles 586 78.0 22.0 Medical malpractice 223 66.8 33.2 Product liability 480 89.8 10.2 Airplane 12 91.7 8.3 Marine 10 70.0 30.0 Motor vehicle 76 90.8 9.2 Asbestos 13 92.3 7.7 Other 369 90.0 10.0 Other personal injury 1054 77.3 22.7 Property damage Total 220 56.8% 43.2% Fraud 84 64.3 35.7 Truth-in-lending 11 45.5 54.5 Product liability 35 82.9 17.1 Other property damage 90 41.1 58.9 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Trial winners and awards During fiscal years 1996-97, plaintiffs won in 45% of all trial cases decided in U.S. district courts (table 8). Plaintiffs, however, won in 54% of property damage cases compared to 44% of personal injury cases. Plaintiffs won most often (71%) in cases involving Federal employers' liability but least often (23%) in personal injury cases dealing with the product liability of motor vehicles. Table 8. Plaintiff winners, by type of tort trial case terminated by trial in U.S. district courts, 1996-97 Number of jury Number of Percent of Number of cases Monetary awards and bench cases plaintiff cases won with monetary Over $1 $10 million Type of tort cases terminated winners by plaintiff awards to plaintiff Median million ** or more All tort cases 2795 1249 44.7% 1073 $141000 17.1% 8.0% Personal injury Total 2592 1139 43.9% 987 $136000 17.0% 8.1% Airplane 41 16 39.0 16 937000 43.8 18.8 Assault, libel, and slander 64 24 37.5 21 50000 14.3 9.5 Federal employers' liability 119 85 71.4 77 175000 11.7 9.1 Marine 198 113 57.1 99 183000 16.2 7.1 Motor vehicles 537 316 58.8 278 91000 11.2 6.1 Medical malpractice 212 73 34.4 61 355000 26.2 13.1 Product liability 447 130 29.1 107 527000 30.8 13.1 Airplane 7 3 42.9 3 727000 33.3 33.3 Marine 10 6 60.0 6 65000 -- -- Motor vehicle 74 17 23.0 15 258000 26.7 13.3 Asbestos 13 5 38.5 3 700000 -- -- Other 343 99 28.9 80 666000 35.0 13.8 Other personal injury 974 382 39.2 328 79000 16.2 6.7 Property damage Total 203 110 54.2% 86 154000 17.4% 7.0% Fraud 77 45 58.4 37 151000 16.2 10.8 Truth-in-lending 11 5 45.5 3 10000 -- -- Product liability 33 8 24.2 5 175000 -- -- Other property damage 82 52 63.4 41 152000 22.0 4.9 Note: Data for tort trial winners were missing in 228 cases. --None recorded. ** This column was revised 5/3/99 Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Tort cases typically involved a compensatory award for economic damages. This includes all financial losses resulting from the defendant's conduct. Tort cases also can include a compensatory award for noneconomic damages such as pain, suffering, and emotional distress. Distinct from compensatory damages are punitive damages. Punitive damages are reserved, almost exclusively, for tort claims in which the defendant's conduct was grossly negligent or intentional. In the tables and text presented below, award amounts include compensatory and punitive damages. Because of the nature of the data, the award amounts for each type of damage cannot be identified separately. Additionally, information presented is for tort cases in which the judgment was a monetary award for damages. Tort trial cases awarding court costs only or court costs and attorney fees were excluded from the award analysis. In 86% or 1,073 of tort trial cases in which plaintiffs won, the jury or court awarded damages. This varied little across the type of case. Plaintiff winners were awarded damages in 87% of personal injury cases and 78% of property damage cases. In 84% of the medical malpractice cases, 88% of personal injury motor vehicle cases, and 82% of fraud cases, plaintiff winners were awarded damages. The median award for all tort cases was $141,000. The median differed, however, by type of case. Among plaintiff winners awarded damages, half of those in personal injury cases received at least $136,000 and half of those in property damage cases at least $154,000. The median award for plaintiff winners in personal injury motor vehicle cases was $91,000 and product liability cases $527,000. More than $1 million was awarded to 10% of all plaintiff winners who received damages in tort trial cases. Thirty-one percent of plaintiff winners in airplane personal injury cases, 20% of personal injury product liability, and 15% of medical malpractice cases were awarded damages of $1 million or more. In 8% of tort trial cases, plaintiff winners were awarded $10 million or more. About 13% of plaintiffs in medical malpractice cases and personal injury product liability cases received awards of $10 million or more for damages. Tort trials with the U.S. Government The Federal Tort Claims Act governs tort actions against the U.S. Government. 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. (Title 28 U.S.C. Section 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. (Urban A. Lester and Michael F. Noone, Litigation with the Federal Government, 3rd edition. Philadelphia: The American Law Institute, 1994.) During fiscal years 1996-97, the U.S. Government was party to 371 tort trial cases terminated in U.S. district courts. Six of these cases involved the U.S. Government as a plaintiff. The U.S. Government won four of the six cases and received a monetary award in three of the cases (not shown in a table). The U.S. Government was a defendant in the remaining 365 tort trial cases in which the U.S. Government was party (table 9). These cases were mostly personal injury cases related to motor vehicles, medical malpractice, and other personal injury. The U.S. Government won about half of the cases in which it was named as a defendant. In nine of the tort trial cases in which the United States as a defendant won the judgment, monetary damages were awarded. The median award for these cases was $70,000. Table 9. U.S. Government as defendant in tort trial cases terminated by trial in U.S. district courts, 1996-97 U.S. Government as defendant Type of tort case Number of jury Percent of Number of Number of and bench defendant defendant defendant Median cases terminated winners winners/a monetary awards award All tort cases 343 51.3% 176 9 $70000 Personal injury Total 313 51.4% 170 8 $99000 Airplane 13 76.9 10 -- -- Assault, libel, and slander 5 60 3 1 1000* Federal employers' liability 3 66.7 2 -- -- Marine 25 44 11 -- -- Motor vehicles 83 32.5 27 3 13000 Medical malpractice 70 50 35 -- -- Product liability 6 16.7 1 -- -- Airplane -- -- -- -- -- Marine 1 0 0 -- -- Motor vehicle 2 0 0 -- -- Asbestos -- -- -- -- -- Other 3 33.3 1 -- -- Other personal injury 126 64.3 81 4 578000 Property damage Total 12 50% 6 1 $6000* Fraud -- -- -- -- -- Truth-in-lending -- -- -- -- -- Product liability -- -- -- -- -- Other property damage 12 50 6 1 6000* Note: Data for tort trial winners were missing in 22 cases. a/Number of cases for which a winner was known. *Not a median but the actual amount awarded. --None recorded Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Federal question cases During fiscal years 1996-97, U.S. district courts terminated 473 tort trial cases that involved a Federal question. Nine out of every ten of these cases dealt with personal injury matters, relating particularly to marine personal injury (165 cases) and Federal employers' liability (133 cases). Of tort trials based on Federal question jurisdiction, plaintiffs won in 53% or 231 cases and received monetary awards in 203 cases. The median award among plaintiff winners in these cases was $175,000 (table 10). Table 10. Plaintiffs in tort trial cases involving a Federal question terminated by trial in U.S. district courts, 1996-97 Federal question cases terminated in U.S. district courts Number of plaintiff -- Number of jury Percent of Monetary Median Type of tort case and bench cases plaintiff winners Winners awards award All tort cases 433 53.3% 231 203 175000 Personal injury Total 388 53.4% 207 186 182500 Airplane 4 50.0 2 2 4000 Assault, libel, and slander 20 15.0 3 3 50000 Federal employers' liability 116 72.4 84 76 177500 Marine 154 59.7 92 83 200000 Motor vehicles 15 33.3 5 4 139500 Product liability 17 35.3 6 5 413000 Airplane -- -- -- -- -- Marine 3 66.7 2 2 356500 Motor vehicle 2 50.0 1 1 200000 * Asbestos 1 0 0 -- -- Other 11 27.3 3 2 950000 Other personal injury 62 24.2 15 13 150000 Property damage Total 45 53.3% 24 17 35000 Fraud 11 63.6 7 5 35000 Truth-in-lending 9 44.4 4 2 5500 Product liability 1 0 0 -- -- Other property damage 24 54.2 13 10 92500 Note: Data for tort trial winners were missing in 40 cases. *Not a median but the actual amount awarded. --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Diversity of citizenship cases About 72% of the tort trial cases terminated in U.S. district courts involved diversity of citizenship. Of these 2,178 cases, about 60% involved a U.S. citizen as the plaintiff and a U.S. business as the defendant. An additional 29% dealt with U.S. citizens from different States, and about 3% were between U.S. businesses. A foreign citizen was the plaintiff in about 1% of diversity of citizenship cases, while a foreign nation was the plaintiff in one case during fiscal years 1996-97 (table 11). Table 11. Plaintiffs and defendants in diversity Diversity of citizenship cases in U.S. district courts Plaintiff/defendant Number Percent All tort cases 2178 100.0% U.S. citizen versus: U.S. citizen 637 29.2% U.S. business 1310 60.0 Foreign citizen 80 3.7 Foreign nation 11 0.5 U.S. business versus: U.S. citizen 42 1.9% U.S. business 58 2.7 Foreign citizen 6 0.3 Foreign nation 1 0.0 Foreign citizen versus: U.S. citizen 16 0.7% U.S. business 16 0.7 Foreign nation versus: U.S. citizen 1 0.0% Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Plaintiffs won in 42% or 853 of diversity of citizenship cases (table 12). Plaintiff winners received monetary awards for damages in 726 or 85% of the cases, with a median award of $135,000. Monetary awards to plaintiffs varied, however, across the type of case. Among the 3 out of 12 plaintiff winners involved in asbestos cases, the median award was $700,000. In personal injury motor vehicle cases, the median monetary award among 226 plaintiff winners was $100,000. The median plaintiff award for medical malpractice cases was $450,000, while airplane and marine personal injury cases had median plaintiff awards of more than $1 million. Table 12. Plaintiffs in tort trial cases involving diversity of citizenship terminated by trial in U.S. district courts, 1996-97 Diversity of citizenship cases terminated in U.S. district courts Number of plaintiff -- Number of Percent of Winners Monetary Median jury and plaintiff awards award Type of tort case bench cases winners All tort cases 2012 42.4% 853 726 135000 Personal injury Total 1871 41.4% 775 663 125000 Airplane 24 45.8 11 11 1023000 Assault, libel, and slander 39 51.3 20 18 67500 Federal employers' liability -- -- -- -- -- Marine 19 42.1 8 6 1233000 Motor vehicles 439 58.8 258 226 100000 Medical malpractice 142 27.5 39 32 450000 Product liability 424 28.1 119 97 600000 Airplane 7 42.9 3 3 727000 Marine 6 50.0 3 3 47000 Motor vehicle 70 20.0 14 12 354000 Asbestos 12 41.7 5 3 700000 Other 329 28.6 94 76 665500 Other personal injury 784 40.8 320 273 67000 Property damage Total 141 55.3% 78 63 175000 Fraud 64 56.3 36 31 151000 Truth-in-lending 2 50.0 1 1 408000* Product liability 32 25.0 8 5 175000 Other property damage 43 76.7 33 26 176000 Note: Data for tort trial winners were missing in 166 cases. *Not a median but the actual amount awarded. --None recorded. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. U. S. judicial districts varied in the proportion of diversity of citizenship cases terminated during fiscal years 1996-97. Among the districts with the greatest proportion of diversity of citizenship cases terminated were Arkansas-Western and Kansas (100%), Missouri-Western (96%), Tennessee-Western and Arkansas-Eastern (95%), as well as West Virginia-Northern and Louisiana-Middle (94%) (figure 3). Among those districts with the lowest proportion of diversity of citizenship cases terminated were California-Southern (7%), Alaska (14%), Washington-Western (22%) and Florida-Northern (29%). Figure 3 data goes here. In most States, diversity of citizenship cases accounted for between 67% and 100% of tort trials terminated within any judicial district. This was true, for example, among the judicial districts located within Texas, Oklahoma, Arkansas, Mississippi, Georgia, and North Carolina. In some instances, however, U.S. judicial districts within a State varied in their proportions of diversity of citizenship cases terminated. In Florida 78% of tort trial cases were terminated in the Florida-Middle District, compared to 29% in the Florida-Northern District. Similarly in Louisiana, 94% of tort trial cases terminated in the Louisiana-Middle District were diversity of citizenship cases while 48% were diversity of citizenship cases in the Louisiana-Eastern District. Case processing time Tort trial cases terminated in U.S. district courts during 1996-97 went from filing to termination in an average of 20.2 months C just over 1 1/2 years (table 13). All 13 asbestos cases terminated in less than 2 years, as well as a large majority of personal injury motor vehicle cases (83%) and other personal injury cases (79%). Airplane cases tended to have a longer case processing time. About 1 in 10 airplane personal injury cases took 4 or more years to terminate. More than half (58%) of airplane product liability cases terminated within 2 to 4 years. Table 13. Case processing time for tort trial cases terminated by trial in U.S. district courts, 1996-97 Time from filing to Number of jury termination of case Percent of tort cases concluded in -- and bench cases Median Mean Less than 2 to less 4 years terminated months months 2 years than 4 years or more All tort cases 3023 17.3 20.2 72.4% 23.9% 3.7 % Personal injury Total 2803 17.2 20.1 72.8% 23.8% 3.4 % Airplane 45 24.3 26.7 42.2 48.9 8.9 Assault, libel, and slander 68 20.5 22.5 57.4 36.8 5.9 Federal employers' liability 136 18.6 21.0 69.9 27.2 2.9 Marine 211 18.6 21.5 66.4 30.3 3.3 Motor vehicles 586 15.2 17.5 82.6 15.5 1.9 Medical malpractice 223 20.0 22.6 64.6 31.8 3.6 Product liability 480 20.6 23.6 59.8 33.8 6.5 Airplane 12 30.1 28.8 41.7 58.3 -- Marine 10 25.3 29.1 40.0 50.0 10.0 Motor vehicle 76 20.7 25.6 59.2 28.9 11.8 Asbestos 13 18.3 14.3 100.0 -- -- Other 369 20.1 23.2 59.6 34.7 5.7 Other personal injury 1054 15.8 18.5 78.9 18.5 2.6 Property damage Total 220 17.4 22.3 67.3% 25.9% 6.8 % Fraud 84 19.0 25.6 56.0 33.3 10.7 Truth-in-lending 11 21.6 21.1 63.6 36.4 -- Product liability 35 17.9 20.3 74.3 22.9 2.9 Other property damage 90 16.2 20.1 75.6 18.9 5.6 --None recorded. Note: Case processing time for cases appealed was not included in the analysis for this table. Source: Federal Judicial Center, Integrated Data Base (Civil), fiscal years 1996-97. Overall, 72% of all tort trial cases were terminated in less than 2 years, and an additional 24% within 2 to 4 years. Four percent of tort trial cases took 4 or more years to terminate (figure 4). Figure 4. Cumulative percent of tort trials terminated in U.S. district courts, by case processing time, 1996-97 Cumulative Years from filing percent to termination terminated 1 year 23% 2 years 73 3 years 91 4 years 96 5 years 98 6 years or more 100% 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 cate-gories used in this report are based primarily on the codes established by the Administrative Office of the United States Courts (AOUSC). Case level information is provided by individual U.S. district courts, which submit data to the AOUSC. The categories for types of cases in this report are based on those defined by the AOUSC. As a result, no detailed information is available on the 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, to select the most definitive. It is the first nature of the suit code that was used in the analysis for this report. For tort cases where more than one basis of jurisdiction applies, the case was coded according to the highest priority jurisdiction that applies. Cases in which the U.S. Government is the plaintiff have the highest priority, followed by the U.S. Government as defendant, Federal questions, diversity of citizenship cases, then local questions. Calculations pertaining to winners and their award amounts were based on cases for which the winner was known. This differs from the 1994-95 Federal tort trial study (NCJ 165810) in which these calculations were based on the total number of tort trial cases terminated. Plaintiff and defendant winner categories do not include instances where both parties won the case. Definitions After court trial -- An action disposed of after the completion of a trial before a judge or magistrate judge. After jury trial -- An action disposed of after the completion of a trial before a jury. Procedural progress at termination -- The point to which an action 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 -- An action against agencies and officers of the United States. U.S. Government plaintiff -- An action by agencies and officers of the United States. Federal question cases -- Cases involving the interpretation and application of the U.S. Constitution, acts of Congress, or treaties. Diversity of citizenship cases -- Cases involving actions in which the amount in controversy exceeds $75,000 between citizens or corporations of different States; citizens or corporations of a state and citizens or subjects or 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. Section 1603(a), as plaintiff, and citizens of a State or different States. Local question -- cases involving non-Federal civil procedures based on local civil law in territorial districts. Source of definitions: "Glossary of Terms Used in the Federal Courts," prepared by the Administrative Office of the U.S. Courts. "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. Examples of civil statutes under which a suit was 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 of examples: Civil Codebook for data set ICPSR 8429. ------------------------------------------------------------------------ The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Bulletins present the first release of findings from permanent data collections programs such as the Integrated Data Base. Marika F.X. Litras, Ph.D., and Carol J. DeFrances, Ph.D., wrote this report. Greg W. Steadman and Todd Minton provided statistical assistance and review. Yvonne Boston produced the report, under the supervision of Marilyn Marbrook. Tom Hester and Ms. Boston edited the report. Special thanks go to Albertha Martin of the AOUSA for providing data assistance. February 1999, NCJ 172855 ------------------------------------------------------------------------ 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 National Archive of Criminal Justice Data (NACJD) "Federal Court Cases: Integrated Data Base" (Study # 8429). Data can be obtained from the archive through 1-800-999-0960 or http://www.icpsr.umich.edu/NACJD/home.html The archive may also be accessed through the BJS website, where the report, data, and supporting documentation are available: http://www.ojp.usdoj.gov/bjs/ ------------------------------------------------------------------------ (End of file) RK, 3/4/99 Revised 5/3/99 pm