Introspection through Litigation
Joanna C. Schwartz
University of California, Los Angeles (UCLA) - School of Law
June 27, 2014
Notre Dame Law Review, Forthcoming
UCLA School of Law Research Paper No. 14-02
This Article contends that there is a bright side to being sued: Organizational defendants can learn valuable information about their own behavior from lawsuits brought against them. Complaints describe allegations of wrongdoing. The discovery process unearths documents and testimony regarding plaintiffs’ allegations. And in summary judgment briefs, expert reports, pre-trial orders, and trial, parties marshal the evidence to support their claims. Each of these aspects of civil litigation can bring to the surface information that an organization does not have or has not previously identified, collected, or recognized as valuable. This information, placed in the hands of an organization’s leaders as the result of litigation, can be used to improve systems and personnel.
This Article considers the information generated by litigation, the gaps lawsuit data can fill in the information otherwise available to organizations, and possible reasons some organizations may gather and analyze litigation data more frequently than others. In doing so, I draw on original research of police departments and hospitals and evidence from other organizational settings.
Keywords: litigation, deterrence, risk management, policing, health care, civil procedureAccepted Paper Series
Date posted: January 24, 2014 ; Last revised: July 18, 2014
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