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Civil Courts. Too Much Litigation? Lawrence Friedman argues that “total justice” derives from increase in human control over external world and expectations.

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Presentation on theme: "Civil Courts. Too Much Litigation? Lawrence Friedman argues that “total justice” derives from increase in human control over external world and expectations."— Presentation transcript:

1 Civil Courts

2 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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4 $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

5 $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

6 $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

7 $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.

8 $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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10 Civil Cases per capita 1999-2008

11 Composition of Civil Docket 7 States, 2007-2008

12 Docket Composition – UT - 2008

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15 Mortgage Foreclosures – 9 states

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17 Tort Filings – General Courts – 5 States

18 Medical Malpractice Torts in 7 States (AZ,CT, MS, NJ, NY, RI, OR)

19 Average Medical Malpractice Award, adjusted (2009) dollars, 1991-2009

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21 Plaintiff Win Rate, Federal District Courts 1986-94, by Parties

22 Alternative Dispute Resolution Mediation Arbitration (includes private courts/religious courts) Mediation-Arbitration


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