Empirical study of federal civil litigation

[RESEARCH] In Exploring Economic and Democratic Theories of Civil Litigation: Differences Between Individual and Organizational Litigants in the Disposition of Federal Civil Cases, Gillilan K. Hadfield analyzes a large sample of cases from federal courts.

In the abstract, Prof. Hadfield writes:

I endeavor to show the differences between individual and organizational litigants in the rate at which cases are abandoned, defaulted, adjudicated without a trial, adjudicated with a trial, or settled.

The results show substantial differences in cases based, primarily, on plaintiff rather than defendant type. I find individual plaintiff cases are substantially more likely to be determined by an adjudication—especially a non-trial adjudication—than are organizational plaintiff cases. I also find evidence that organizational plaintiffs—against either individual or organizational defendants—are substantially more likely to settle their cases rather than to have them decided either by trial or non-trial adjudication.

The paper is forthcoming in the Stanford Law Review. It may be downloaded now from the link above.

Filed in: empirical-studies, Hadfield