Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Litigation

Empirical legal studies

Cornell University Law School

1991

Articles 1 - 1 of 1

Full-Text Articles in Law

The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg Jan 1991

The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg

Cornell Law Faculty Publications

Legal cases that reach trial are a biased subset of underlying disputes. This makes it difficult to study the legal system by observing tried cases. This paper examines the relationship between plaintiff success at pretrial motion and trial stages across many categories of cases. The large, significant positive relationship between plaintiff success rates at these two procedural stages suggests that characteristics of case categories influence outcomes at both stages. Observers of a category of tried cases or cases resolved by motion can make informed judgments about how that category of cases fares at the other procedural stage.