Our Litigious Society
The Administrative Office of the U.S. Courts has released its latest statistical report on the federal caseload. Some of the numbers, we realize, might look very different, if state courts were included. But the federal figures are interesting nonetheless.
There were 266,216 civil cases pending at the end of 2005 -- a little less than one case per thousand U.S. residents. Federal filings increased from 217,013 in 1990 to 253,273 in 2005. In other words, they experienced about the same rate of growth as the American population. More cases were terminated than were filed in 2005: in the federal courts, at least, Americans grew about 10% less litigious on the year.
Of the year's 253,273 filings, there were 169,265 statutory actions, 51,335 tort actions, 26,020 contract actions, and 4561 real property actions. The tort actions included 47,364 personal injury cases, which in turn included 1221 medical malpractice claims. That's roughly one federal medical malpractice suit for every quarter million Americans.
The statutory actions included 61,238 prisoner petitions -- about a quarter of all filings for the year. Some 18,322 suits arose under federal labor laws, with an additional 16,930 involving workplace discrimination claims. There were 15,487 actions filed under the Social Security laws.
By the government's count, a total of 781 civil RICO actions were filed.
There were 266,216 civil cases pending at the end of 2005 -- a little less than one case per thousand U.S. residents. Federal filings increased from 217,013 in 1990 to 253,273 in 2005. In other words, they experienced about the same rate of growth as the American population. More cases were terminated than were filed in 2005: in the federal courts, at least, Americans grew about 10% less litigious on the year.
Of the year's 253,273 filings, there were 169,265 statutory actions, 51,335 tort actions, 26,020 contract actions, and 4561 real property actions. The tort actions included 47,364 personal injury cases, which in turn included 1221 medical malpractice claims. That's roughly one federal medical malpractice suit for every quarter million Americans.
The statutory actions included 61,238 prisoner petitions -- about a quarter of all filings for the year. Some 18,322 suits arose under federal labor laws, with an additional 16,930 involving workplace discrimination claims. There were 15,487 actions filed under the Social Security laws.
By the government's count, a total of 781 civil RICO actions were filed.
2 Comments:
Is anyone claiming that federal malpractice suits are the source of the malpractice crisis? Then why note the ratio?
"The" "crisis"? I believe that more than one set of phenomena have been floated as "the" "crisis." So I don't know whether anyone is claiming that federal malpractice suits are "the" source, or "a" source, for "the" "crisis." You might have some better idea on that point, Ted. For my part, a definition of "the" "crisis" is actually something I've been saying I'd like to see nailed down.
The number, at all events, is information. One thing it's information about, is the feasibility of addressing any malpractice "crisis" through federal legislation that does not attempt to regulate litigation in state courts, via rule of evidence or otherwise.
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