Nation's Appellate Courts To Plaintiffs: You Lose
A new Cornell study shows that, on appeal, Plaintiffs are far more likely to lose than Defendants, including in areas like product liability, malpractice, real estate, and more. Overall, “[D]efendants were far more likely than plaintiffs (41.5% versus 21.5%) to successfully reverse an adverse trial outcome. Indeed, from the perspective of a plaintiff victorious at trial, the appeals process offered a chance to retain victory not far from what a coin-flip would predict.” (Emphasis added.)
Here’s the full breakdown:
Now, think back to all those “outrageous” jury verdicts you’ve heard of. Chances are, the appellate court tossed them on appeal. This is probably good news if you support tort reform. (Maybe now you can rest easy for a job well done.) But it isn’t very good news for wronged consumers seeking redress in the courts. Plaintiffs beware. — SAM GLOVER
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