Don’t frivolous lawsuits “drown out” lawsuits with merit, and end up hurting everybody?

No.

Due at least in part to the high crime rate and high divorce rate in this country, our courts have become proficient in disposing of a large number of cases without a trial, through summary judgments, mediation, and other mechanisms. In fact, they’ve become so proficient that a much lower percentage of cases go to trial today than did 40 years ago: During the 1960’s, about 11% of federal lawsuits went to trial, but today that number is about 2%. I’ve seen numerous studies about state courts, and they all found that less than 2% of lawsuits ever make it to a jury trial. The American Bar Association is studying the reasons for the decline, but the only thing they’ve found for sure is that trials are on the decline. If frivolous lawsuits were really clogging our justice system, trial by jury wouldn’t be the rarity that it is today.

Here's an excerpt from a great article:

Between 1962 and 2002, the number of federal civil cases resolved by trial plunged from 11 percent to 1.8 percent, according to a January ABA report, "The Vanishing Trial." And the number of trials per year showed a net drop of more than 20 percent over the same period, starting at 5,802, peaking to 12,529 in 1985 and falling to 4,569, the report concluded. The decline occurred despite a fivefold increase in cases resolved, from about 50,000 to almost 260,000. Federal criminal trials fell from 15 percent to 4.7 percent.

The article concluded by stating that defense attorneys today just don't get the same experience they did 20 years ago, and their clients may not be getting the same good results. Maybe that's a reason why corporate America is lobbying to make it harder for a plaintiff to take a case to trial.

Comments

[Chantelle Cook]

Who is Dr. Juris? I understand and agree with what is explained on this website, but am unable to verify the merit of the author.

[Too Kind By Half]

I understand and agree with what is explained on this website, but am unable to verify the merit of the author.

Boy do you have have things backwards!

We attribute merit to authors based on the truth and value in their works, not the other way around.

I have no idea where you got your data but you obviously don't know any doctors. It is also doubtful that your life has ever been saved by modern medicine like mine has more than once. There are millions of people who do owe their lives to drug companies and doctors. If you compare the number of people who have lost their lives to drug companies to those whose lives have been saved by drug companies the numbers are not even close. I suppose you would rather be treated by an herbologist for your leukemia. People like you ensure that our health care costs will continue to spiral out of sight.