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Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

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  • Theodore Eisenberg
  • Michael Heise

Abstract

Prior federal and state civil appeals studies show that appeals courts overturn jury verdicts more than bench decisions and that defendants fare better than plaintiffs on appeal. Attitudinal and selection effect hypotheses may help explain an appellate court tilt that favors defendants. This study builds on and extends our prior work on state civil appeals and examines a comprehensive state court civil appeals data set to test leading theories on appellate outcomes as well as to explore the relation between plaintiff success at trial and on appeal. Using data from 40 different states and 141 counties on 8,872 completed civil trials and 646 concluded appeals, we find that appellate reversal rates for jury trials and defendant appeals exceed reversal rates for bench trials and plaintiff appeals. The reversal rate for plaintiff appeals is 21 percent, compared with 40.9 percent for defendant appeals. The reversal rate for jury trials is 33.1 percent, compared with 25 percent for bench trials. Both the attitudinal and selection effect hypotheses find some level of support in our descriptive analyses and results from more formal models. Finally, we find little correlation between how plaintiffs fare at trial and how they fare on appeal.

Suggested Citation

  • Theodore Eisenberg & Michael Heise, 2015. "Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(1), pages 100-127, March.
    • Handle: RePEc:wly:empleg:v:12:y:2015:i:1:p:100-127
    DOI: 10.1111/jels.12066
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    Cited by:

    1. Kai Hüschelrath & Florian Smuda, 2016. "The Appeals Process in the European Commission's Cartel Cases: An Empirical Assessment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(2), pages 330-357, June.
    2. Michael Hellwig & Kai Hüschelrath & Ulrich Laitenberger, 2018. "Settlements and Appeals in the European Commission’s Cartel Cases: An Empirical Assessment," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 52(1), pages 55-84, February.
    3. Adam M. Samaha & Michael Heise & Gregory C. Sisk, 2020. "Inputs and Outputs on Appeal: An Empirical Study of Briefs, Big Law, and Case Complexity," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(3), pages 519-555, September.
    4. At Christian & Friehe Tim & Gabuthy Yannick, 2019. "On Lawyer Compensation When Appeals Are Possible," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 19(2), pages 1-11, April.
    5. Brent D. Boyea & Paul Brace, 2021. "Revisiting the Business of State Supreme Courts in the 21st Century," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(3), pages 684-696, September.

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