U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Civil Justice Survey of State Courts, 2001 Contract Trials and Verdicts in Large Counties, 2001 January 2005, NCJ 207388 --------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/ctvlc01.htm 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#ctvlc ---------------------------------------------------------------- By Thomas H. Cohen, J.D., Ph.D. BJS Statistician Totals and trends * During 2001 an estimated 3,698 contract cases were disposed of by trial in State courts of general jurisdiction in the Nation's 75 largest counties. Contract cases represented nearly a third of all civil trials in these counties. * Judges adjudicated 56% of contract cases, while juries decided the remaining 44%. * The 3,698 contract trials disposed of in 2001 represented a 24% decline from the 4,850 contract trials disposed of in these counties in 1996. * About half (54%) of the contract cases disposed of by trial in the Nation's 75 largest counties in 2001 involved failed agreements between buyers and sellers. In most contract trials, the litigants were either individuals suing businesses (33%) or non-individuals such as businesses, hospitals, or governments suing businesses (26%). Plaintiff winners * Plaintiffs won in 65% of contract trials. Plaintiffs were more likely to prevail in contract trials decided by a judge (68%) than by a jury (62%). * The overall plaintiff win rate in contract trials remained relatively unchanged from 1996. Plaintiff win rates in contract jury trials, however, increased from 56% in 1996 to 62% in 2001. Damage awards * In 2001 the overall median damage award, which includes both compensatory and punitive damages, for plaintiff winners in contract trials was $45,000. * Plaintiff winners garnered higher median damage awards in contract jury trials ($81,000) compared to contract bench trials ($30,000). * Nearly 11% of plaintiff winners in contract jury trials received awards of $1 million or more, while about 2% of plaintiff winners in contract bench trials won damages totaling $1 million. * No significant changes were found in the median damage awards in contract jury or bench trials disposed of in the Nation's 75 largest counties from 1996 to 2001. Punitive damages * In 2001 punitive damages were awarded to 6% of plaintiff winners in contract trials. In cases with plaintiff winners, judges imposed punitive damages in 3% of contract trials, while juries awarded punitive damages in 10% of contract trials. * Punitive damages were awarded most frequently in contract trials involving fraud, employment discrimination, or partnership dispute claims. * The median punitive damage award for plaintiff winners in contract trials was $83,000 (not shown in a table). Time to disposition * Contract cases tried before a jury took slightly over 2 years (25 months) on average to proceed from filing to disposition. Contract bench trials, in comparison, were disposed within an average of 18 months. Post verdict relief * Plaintiffs filed motions for post verdict relief in 12% of contract trials that they won, while defendants requested post verdict relief in 26% of contract trials with a plaintiff winner. * Motions for new trials or award modifications were among the most common types of post verdict relief sought by plaintiff winners. Defendants made requests for new trials in about 60% of contract trials in which they sought post verdict relief. * Plaintiffs filed motions for post verdict relief in 18% of contract trials that they lost. Defendants engaged in post verdict activity in less than 10% of contract trials without a plaintiff winner. * The courts granted post verdict relief to 57% of plaintiff winners seeking to have their verdict modified. The most common type of post verdict relief granted to these plaintiffs was an award modification. Among contract trials in which the plaintiff lost, post verdict relief was granted to 12% of plaintiffs who sought some form of post trial relief. * Post verdict relief was granted to about a third of defendants who sought to modify a favorable plaintiff verdict or judgment. In almost half of these cases, the relief granted was in the form of an award modification. * Plaintiffs filed appeals in 7% of contract trials in which they prevailed and 21% of contract trials in which they lost. Defendants gave notice of appeal in 20% of contract trials with a plaintiff winner and 4% of contract trials where the plaintiff did not receive a favorable verdict. Types of litigants * In 54% of contract trials, the primary plaintiff litigant was an individual. Businesses were plaintiffs in 44% of contract trials, while government agencies and hospitals represented fewer than 5% of plaintiffs in contract trials. * Businesses were defendants in nearly two-thirds (62%) of contract trials disposed of in the Nation's 75 largest counties, while individuals were defendants in about a third (34%) of contract trials. Governments and hospitals represented less than 5% of defendants in contract trials. Litigant pairings and case outcomes * Individual plaintiffs prevailed in an estimated three-fifths of contract trials where they sued an individual (59%) or business (60%) defendant. The total median damage awards individual plaintiff winners received in these contract trials was $31,000 and $50,000, respectively. * Non-individual plaintiffs (businesses, governments, and hospitals) prevailed in nearly three-fourths of contract trials in which the defendant was an individual (71%) or business (74%). The total median damage award for non-individual plaintiff winners was $60,000 in contract trials involving a business defendant and $20,000 in trials with an individual as defendant. End of file 01/28/05 ih