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Published byMorgan Lewis Modified over 9 years ago
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Civil Courts
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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
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$3 Million Cup o’ Coffee Stella Liebeck, age 79, has coffee cup between knees trying to remove lid – spills on thighs Suffers 3 rd degree burns, requires 8 days in hospital and skin grafts Makes claim for $20,000, McDonald’s refuses, offers $800
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$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
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$3 Million Cup o’ Coffee Liebeck sues, discovers over 700 claims against McDonalds between 1982 and 1992 – many involve 3 rd degree burns McDonalds serves coffee at 180 and 190 degrees – home coffee makers dispense at 135-140 degrees
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$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.
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$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.”
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Civil Cases per capita 1999-2008
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Composition of Civil Docket 7 States, 2007-2008
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Docket Composition – UT - 2008
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Mortgage Foreclosures – 9 states
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Tort Filings – General Courts – 5 States
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Medical Malpractice Torts in 7 States (AZ,CT, MS, NJ, NY, RI, OR)
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Average Medical Malpractice Award, adjusted (2009) dollars, 1991-2009
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Plaintiff Win Rate, Federal District Courts 1986-94, by Parties
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Alternative Dispute Resolution Mediation Arbitration (includes private courts/religious courts) Mediation-Arbitration
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