An Incentive to Settle: Study Shows Plaintiffs Win Only 15% of Employment Cases in Federal Court
The title of a recent Legal Blog Watch post highlighted bleak prospects for plaintiffs bringing employment cases in federal court: “Plaintiffs Win Only 15 Percent of Employment-Related Cases in Federal Court.” The study was by the American Constitution Society. LBW reports that in many instances, employment cases do not survive a summary judgment motion (a disposition without trial because there are no material facts in dispute). According to the study, prospects on appeal are also bleak.
Whether or not the numbers generated by this particular study are precisely accurate, we believe the study generally reflects reality. Our experience and perusal of cases in the federal reporters tends to confirm that it is tough (but not impossible) to win employment cases in federal court (or any court).
LBW suggests there may now be a tendency to bring cases in state court or a resort to mediation. The success rate in state courts is not reported.
In our experience, many employment disputes are settled before a lawsuit is even filed and, then, many are settled before the litigation runs its course. Litigation is expensive win or lose. Negotiation, with or without mediation, may be just as important a factor reducing the cases brought in federal courts than forum shopping in state courts.
