An important resource for empirical legal scholars--the U.S. Bureau of Justice Statistics--announced a new research report at last week's Law & Society Annual Meeting.
An abstract for the Appeals from General Civil Trials in 46 Large Counties, 2001-2005 report follows:
"Presents information on general civil cases concluded by bench or
jury trial in 2001 that were subsequently appealed to a State’s
intermediate appellate court or court of last resort. Information
presented includes the flow of civil cases through the appeals process
and the effect of appeals on trial court outcomes. The report describes
the types of civil bench and jury trials appealed, the characteristics
of litigants filing an appeal, the frequency in which appellate courts
affirm, reverse, or modify trial court outcomes, and the percentage of
appeals that produced a published opinion. Cases further appealed from
an intermediate appellate court to a State court of last resort and the
impact of that final level of appeal on litigation outcomes are also
described. This report is part of a series examining civil litigation
in the United States."
Notable findings include:
- Among tort trial cases concluded in 2001, litigants filed appeals in approximately 33% of product liability and 18% of medical malpractice trials.
- Forty-three percent of civil appeals were dismissed or withdrawn prior to disposition.
- Trial court verdicts or judgements that found for plaintiffs were reversed or modified on appeal at higher rates compared to trial court outcomes favoring defendants.
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