The Curious Incident of the Falling Win Rate
28 Pages
Posted: 28 Jun 2017
Last revised: 8 Jul 2017
University of Connecticut - School of Law
University of Connecticut - School of Law
Date Written: July 7, 2017
Abstract
For 40 quarters starting in 1985, the plaintiff win rate in adjudicated civil cases in Federal courts fell almost continuously, from 70 percent to 35 percent, where it remained—albeit with increased volatility—for the next 15 years. We explore, and largely reject, several possible explanations for this surprising finding. Although the reason for the falling win rate remains a mystery, we conclude that courts may need to justify decisions not only in individual cases, but at a systemic level.
Keywords: civil procedure, win rate
JEL Classification: K41
Suggested Citation:
Suggested Citation
Lahav, Alexandra D. and Siegelman, Peter, The Curious Incident of the Falling Win Rate (July 7, 2017). Available at SSRN: https://ssrn.com/abstract=2993423
