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Introspection through Litigation

50 Pages Posted: 24 Jan 2014 Last revised: 21 Mar 2015

Joanna C. Schwartz

University of California, Los Angeles (UCLA) - School of Law

Date Written: December 16, 2014

Abstract

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. To illustrate these concepts, 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 procedure

Suggested Citation

Schwartz, Joanna C., Introspection through Litigation (December 16, 2014). 90 Notre Dame L. Rev. 1055 (2015); UCLA School of Law Research Paper No. 14-02. Available at SSRN: https://ssrn.com/abstract=2383605 or http://dx.doi.org/10.2139/ssrn.2383605

Joanna C. Schwartz (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
(310) 206-4032 (Phone)

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