Our friends at Lex Machina revealed their first Employment Litigation Report this summer. An excerpt from this helpful report follows, along with a link to the full report.
Our friends at Lex Machina revealed their first Employment Litigation Report this summer. An excerpt from this helpful report follows, along with a link to the full report.
“Lex Machina’s first ever Employment Litigation Report delivers the latest trends and insights from litigation brought under the Civil Rights Act of 1964 (Title VII), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and Fair Labor Standards Act (FLSA). By taking a “big data” approach, Lex Machina’s comprehensive Legal Analytics platform enables law firms, outside and in-house counsel, and corporations alike to make data-driven assessments while navigating legal uncertainty.
From precise timing metrics that inform legal budgeting, to trends among top law firms and leading parties, Legal Analytics provide customized insights that supplement traditional research and accumulated experience. Leveraging this data gives companies and firms a competitive edge—companies can select counsel based on a proven track record, and firms can provide better outcomes by applying data to their strategies, whether drafting a demand letter response or negotiating a settlement.
This report examines the key metrics of Employment cases filed in the district courts of the U.S. federal court system, revealed exclusively through Lex Machina’s platform.
Key Trends and Highlights:
- District Court filings for Title VII and ADA Cases remain steady, but filing trends within individual districts vary considerably.
- FMLA case filings have increased steadily since 2009.
- The Southern District of Florida leads in FLSA Case filings.
- Pro Se plaintiffs, which account for 16% of cases filed since 2009, are afforded more generous timelines, as reflected in the longer median times for significant case milestones.
- Most Plaintiffs are represented by small, regional firms while Defendants usually retain large, national ones.
- The Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL) have collectively filed over 3,500 cases, recovering damages in excess of $719M since 2009.
- Defendants in Title VII or ADA cases prevail on Summary Judgment in 13% of cases, nearly six times the win rate of Plaintiffs for all judgment types combined. By contrast, FLSA litigation sees more judgments in favor of Plaintiffs than Defendants.”
For the full report, please click here.
About Lex Machina
Lex Machina’s award-winning Legal Analytics® platform is a new category of legal technology that fundamentally changes how companies and law firms compete in the business and practice of law. Delivered as Software-as a-Service, Lex Machina provides strategic insights on judges, lawyers, parties, and more, mined from millions of pages of legal information. This allows law firms and companies to predict the behaviors and outcomes that different legal strategies will produce, enabling them to win cases and close business.
Legal Analytics was named “Best Legal Analytics” by readers of The Recorder in 2014, 2015 and 2016, and received the “Best New Product of the Year” award in 2015 from the American Association of Law Libraries. The company was named a “Legal A.I. Leader” by The National Law Journal in 2018.
Based in Silicon Valley, Lex Machina is part of LexisNexis, a leading information provider and a pioneer in delivering trusted legal content and insights through innovative research and productivity solutions, supporting the needs of legal professionals at every step of their workflow. By harnessing the power of Big Data, LexisNexis provides legal professionals with essential information and insights derived from an unmatched collection of legal and news content—fueling productivity, confidence, and better outcomes. For more information, please visit https://lexmachina.com/.
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