Civil Courts

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

$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

$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

$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 degrees

$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.

$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.”

Civil Cases per capita

Composition of Civil Docket 7 States,

Docket Composition – UT

Mortgage Foreclosures – 9 states

Tort Filings – General Courts – 5 States

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

Average Medical Malpractice Award, adjusted (2009) dollars,

Plaintiff Win Rate, Federal District Courts , by Parties

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