Lex Machina Releases Its First Consumer Protection Litigation Report

Lex Machina has released its first Consumer Protection litigation report. Looking at litigation in federal district court from 2009 to 2018, this is a comprehensive overview of trends and insights for making strategic litigation decisions. A “Consumer Protection” case, as defined by Lex Machina, alleges at least one of the following federal consumer protection statutes: the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, Telephone Consumer Protection Act, or a federal consumer protection enforcement statute, such as the Federal Trade Commission Act or Consumer Financial Protection Act. This report includes data-driven insights into the behavior of courts, judges, parties, law firms, and lawyers. Legal analytics is used for planning, business development, and litigation strategy. The metrics in this report may help readers decide whom to pursue as clients, which claims to include in a complaint, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation. Highlights include: Consumer Protection is a large practice area with between 11,000 and 14,500 cases filed each year. Looking at specific consumer protection claims there are some stark trends. FCRA cases more than doubled from 2009 to 2018. Inversely, TILA case [...]

By |2019-10-23T23:03:42+00:00October 23rd, 2019|Reports|

New Report: Employment Litigation in the Southeast

Lex Machina is excited to release its regional report, Employment Litigation in the Southeast. This report focuses on Employment Litigation in federal district courts located in the Fifth and Eleventh Circuits. These districts are located in Texas, Louisiana, Mississippi, Alabama, Georgia, and Florida. Legal analytics is used for planning, business development, and litigation strategy. Readers can compare their home district to others to gain insight about areas of particular focus. The metrics in this report may help readers decide whom to pursue as clients, which claims to include in a complaint, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation. Highlights include: Plaintiffs filed over 68,000 Employment cases in the region since 2009. In each of the last ten years, over 6,000 Employment cases were filed. Exceptionally large numbers of cases were filed in 2012 and 2015, due to a large number of related cases filed in those years alleging FLSA violations. The most active plaintiffs’ law firm, Morgan & Morgan, filed nearly 700 cases from 2016 to 2018. It filed cases in 14 of the 18 districts in the region. Ogletree Deakins Nash Smoak & Stewart was the most [...]

By |2019-09-11T00:57:46+00:00September 4th, 2019|Reports|

New Report: Employment Litigation in the Midwest

Lex Machina is excited to release its regional report, Employment Litigation in the Midwest. This report focuses on Employment Litigation in federal district courts located in the Seventh and Eighth Circuits. These districts are located in North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, Arkansas, Wisconsin, Illinois, and Indiana. Legal analytics is used for planning, business development, and litigation strategy. Readers can compare their home district to others to gain insight about areas of particular focus. The metrics in this report may help readers decide whom to pursue as clients, which claims to include in a complaint, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation. Highlights include: Plaintiffs filed over 29,000 Employment cases in the region since 2009. Employment case filings in the region have remained generally steady with exactly 2,882 cases filed in both 2009 and 2018, although there was a noticeable drop between 2012 and 2013. Given that the Northern District of Illinois encompasses the populous city of Chicago, it had the most case filings by a large margin. The next most active district was the Southern District of Indiana, which encompasses Indianapolis. The most active plaintiffs’ [...]

By |2019-08-28T19:11:52+00:00August 28th, 2019|Reports|

Lex Machina Releases Its First Environmental Litigation Report

Lex Machina is excited to release its first Environmental Litigation Report. This report analyzes the latest trends in cases involving a dispute over regulation of the environment. Environmental litigation involves pollution, use of natural resources, protection of forests, rivers, plants, and animals, and other ways that humans interact with nature. The report focuses on the three-year time period from January 1, 2016 to December 31, 2018 to showcase recent trends in U.S. District Court. It also breaks down data into important case type tags: Clean Air Act, Clean Water Act, Endangered Species Act, CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), NEPA (National Environmental Policy Act), and RCRA (Resource Conservation and Recovery Act). Highlights include: Overall, more than 13,000 Environmental cases were filed between 2009 through 2018. Out of those, nearly 7,000 cases are associated with the Deepwater Horizon litigation. When excluding MDL associated cases, Environmental case filings declined steadily between 2009 and 2018. Due to California’s geography and history of environmental advocacy, districts in California were three of the top five districts with the most Environmental case filings from 2016 to 2018. Judge Wiley Young Daniel from the District of Colorado presided over the most Environmental cases filed from [...]

By |2019-08-26T21:24:52+00:00July 16th, 2019|Reports|

ERISA Litigation Report

Lex Machina is excited to release its first ERISA Litigation Report. This report highlights data-driven trends and insights to help practitioners quickly analyze and strategize in this particular area of the law. The report focuses on the three-year time period from January 1, 2016 to December 31, 2018 to showcase recent trends in U.S. District Court. Additionally, this report focuses on Claim Denial and Delinquent Contribution claims. Highlights include: ERISA case filings declined from nearly 9,000 cases to about 6,600 cases from 2010 to 2018, a 26% drop. Delinquent contribution case filings have seen a significant decline from nearly 4,400 cases in 2010 to over 1,900 cases in 2018. On the other hand, claim denial case filings have risen over the same period, peaking at more than 4,000 filings in 2017, up from just over 3,000 filings in 2010. Northern District of Illinois had the most case filings during the 2016-2018 period (1698 cases), likely due to its strong union presence and large population. The next most-active districts were the Central District of California (1053 cases) and the District of New Jersey (1030). The top four most active ERISA judges in the US came from the District of South Carolina, [...]

By |2019-05-30T20:48:50+00:00May 30th, 2019|Legal Trends, Reports|

Contracts Litigation Report

Lex Machina is excited to release its first Contracts Litigation Report. In 2018, Lex Machina replaced and expanded its Commercial module to include non-commercial cases, including individual, class action, and government lawsuits. Now encompassing over 146,000 U.S. District Court cases from the last decade, Lex Machina’s Contracts Litigation Module represents the most comprehensive and accurate dataset available for analyzing breach of contract claims litigation in the federal courts. Highlights include: The top jurisdiction for federal contracts litigation case filings from 2016 to 2018 was the Central District of California (nearly 7.5% of filings) followed by district courts in New York, New Jersey, Illinois and Florida. Nearly $5.2 billion in contracts damages, over $936 million in tort compensatory damages, and over $872 million in class action settlement damages were awarded from 2016 to 2018. During the three-year period from the beginning of 2016 to the end of 2018, financial institutions and franchisors were among the most active contract plaintiffs. Lex Machina Legal Data Expert Karen Chadwick and Cleary Gottlieb’s Abena Mainoo hosted a webcast on May 7, 2019 reviewing the highlights and findings of the report. To view a recording of the webcast, click here. To request a copy of the [...]

By |2019-05-17T21:59:13+00:00May 12th, 2019|Legal Trends, Reports|

Antitrust Litigation Report

Lex Machina announces the release of its Antitrust Litigation Report. In analyzing over 9,000 Antitrust cases included in Lex Machina’s database, practitioners can gain new information and plan their litigation strategy accordingly. Antitrust litigation is a complex and unique area of law and this analytical review showcases customized insights that supplement traditional research and accumulated experience. Highlights include: For antitrust cases terminating between 2016 and 2018, the median time to reach summary judgement was 2.5 years, and time to trial was three years. In Contested DOJ/FTC Enforcement cases, the median time to termination was only 127 days. Judge Cynthia M. Rufe (E.D.Pa.) and Judge Marianne O. Battani (E.D.Mich.) oversaw the most antitrust cases filed between 2016 and 2018 (249 cases and 139 cases respectively). The top plaintiff in Antitrust cases filed between 2016 and 2018 was FWK Holdings, LLC. FWK Holdings, LLC is a predecessor in interest for a now defunct pharmaceutical wholesaler claiming injury based on anticompetitive behavior by generic drug manufacturers. In 2018, federal courts approved over $3.6 billion in class action settlement damages. They also awarded over $515 million in antitrust violation damages and over $117 million in enhanced damages. Nearly $4.3 billion total damages were awarded [...]

By |2019-05-17T21:19:09+00:00April 4th, 2019|Legal Trends, Reports|

Patent Litigation Report

Lex Machina released its annual Patent Litigation Report. This is a comprehensive report with data across the entire Patent module including patent litigation in federal district court and administrative hearings before the Patent Trial and Appeal Board (PTAB). This report also includes Hatch-Waxman/ANDA trends as well as those involving High Volume Plaintiffs (plaintiffs who have filed more than ten cases in a single year). The Patent Litigation Report analyzes filing trends, key decisions and timing metrics, as well as damages and other data. It shows top districts by case filings and percentage, top parties and law firms, and damages metrics including top jury awards. It also includes PTAB filings, trends in instituted and final written decisions, and top PTAB law firms. Highlights include: As an effect of T.C. Heartland, the Eastern District of Texas is no longer the top venue for patent litigation. It has moved to second place behind the District of Delaware. Juul Labs, along with one of their claim defendants, The Electric Tobacconist, LLC, joined the most active parties list in 2018 and are members of the nicotine vaping industry. In 2018, PTAB saw the fewest institution decisions since 2014 and the fewest overall trials terminated since [...]

By |2019-04-04T23:16:14+00:00January 29th, 2019|Legal Trends, Reports|

Announcing the Patent Litigation Year in Review 2015

Lex Machina is proud to announce our third annual Patent Litigation Year in Review.   This blog post looks closely at some of the key case filing and jurisdictional figures included in the report.  For a complete copy of the report, please click here.       Fig. 1:  New cases filed, 2007-2015, by year In 2015, 5,819 patent cases were filed - a 15% rise from 2014. However, the 2015 total does not exceed the record year of 2013 when 6,113 patent cases were filed. Fig. 2:  New cases filed, 2007-2015, by month Cases were filed unevenly throughout the 2015. The hottest month was November, when 845 new cases were filed - a new record month. In particular, there was a spike in case filings on November 30, 2015, corresponding to a rule change that eliminates Form 18, the form often used to plead direct infringement claims in patent cases. On that day, 259 patent cases were filed - a single-day record.  However, December was unusually low - per month case filings have not dropped below 300 since mid-2011. Fig. 3:  New cases in 2015, by district The Eastern District of Texas continues to lead the nation by number of new [...]

By |2017-10-09T20:29:43+00:00March 16th, 2016|Announcements, Reports|

Lex Machina Publishes Copyright Litigation Report

Lex Machina is pleased to announce the publication today of the first-ever comprehensive study of U.S. copyright litigation. The Lex Machina Copyright Litigation Report breaks down the thousands of copyright cases filed in the last 5 years to showcase how this data can be used to inform litigation strategy: from detailed analysis of different judicial districts useful to forum planning, to timing data on trial and injunctions that can drastically improve budgeting, as well as top parties and firms for firm marketing and outside counsel selection. This post provides a sneak-peek at one of the most significant findings of the report:  the rise of mass litigation against Doe defendants for file sharing. As anyone who has ever done legal research knows, a good search eliminates noise leaving one to focus on the relevant portion of the results.  When it comes to copyright litigation, Lex Machina’s platform makes this easy: our automated processes separate copyright litigation by identifying anonymous internet file sharing allegations and tagging those cases, allowing users to easily include or exclude them with a single click. As the figures below show, file sharing cases comprise a significant and increasing proportion of the copyright cases filed over the last 4 [...]

By |2017-10-09T20:38:12+00:00August 11th, 2015|Legal Trends, Reports|