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Posted on Dec 9 2018 4:15PM by Attorney, Jason A. Lee
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Every year the Tennessee
Administrative Office of the Courts issues a report on the Tennessee
judiciary that provides useful statistics for case filings and results
Tennessee. The most
recent report is the one for fiscal year 2016 – 2017 (covering July 1, 2016 to
June 30, 2017). As with every
year, there is a significant delay from the end of the fiscal year and the time
we actually obtain the annual report. This
report confirms the longstanding trends in the law in Tennessee – especially in
the Circuit court filings. There is now
a longstanding trend downward in the case filings in both Circuit and Chancery
courts since at least 2005 (although Chancery Court has stabilized over the
last 2 years) this year, Circuit court even had a more drastic drop in filings.
The statistics show a continued decrease in
the filing of Tennessee Circuit Court cases.
This decrease has accelerated in recent years. The total number of case filings for
Tennessee Circuit Courts from 2005 to 2017 are as follows:
2005
– 2006 67,090
2006
– 2007 64,837
2007
– 2008 62,204
2008
– 2009 &nb...
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Posted on Jan 13 2018 3:44PM by Attorney, Jason A. Lee
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Each year the Tennessee
Administrative Office of the Courts issues a report on the Tennessee
judiciary that provides many different useful statistics for case filings and
results Tennessee. The most recent report is
the one for fiscal year 2015 – 2016 (covering July 1, 2015 to June 30, 2016). For some reason, there is a delay in receiving
the report for the 2016 – 2017 fiscal year (as of the sate of this posting, it
has been almost 7 months since the end of the fiscal year). This report once
again confirms the longstanding trends in the law in Tennessee. There is now a longstanding trend downward in
the case filings in both Circuit and Chancery courts since at least 2005
(although Chancery Court stabilized some this year, Circuit court even had a
more drastic drop in filings.
The statistics show a continued decrease in
the filing of Tennessee Circuit Court cases.
This decrease has accelerated in recent years. The total number of case filings for
Tennessee Circuit Courts from 2005 to 2016 are as follows:
2005
– 2006 67,090
2006
– 2007 64,837
2007
– 2008 62,204
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Posted on Nov 13 2016 7:07PM by Attorney, Jason A. Lee
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The most
recent Tennessee judiciary annual report provided many interesting statistics
on personal injury cases in Tennessee. The most recent report covered the 2014 –
2015 fiscal year (July 1, 2014 to June 30, 2015). Incredibly, there were only 367 total personal
injury or death cases that proceeded to trial in the 2014 – 2015 fiscal
year. Of those cases, only 116 of them resulted
in damages. The total monetary award for
these 116 cases that resulted in damages was $46,901,449.00. This constitutes an average award of $404,323.00
per case where damages were awarded.
However, like in most years, these statistics are very deceiving. Specifically, this statistic was
significantly warped by one single award in Shelby County totaling $30,000,000.00. When this one award is removed, the total
damages awarded in personal injury or death trials in Tennessee for the 2014 –
2015 fiscal year totals $16,901,449.00.
This results in average award of $146,969.12.
Interestingly, out of the 116 cases where
damages were awarded, only 14 cases resulted in awards of $100,000.00 to
$1,000,000.00. There were only 7 cases
that were awarded over $1,000,000.00 in the State of Tennessee for 2014 – 2015. This is actually a large number of million
dollar verdicts when compared to recent prior years. The remaining 95 cases were all awarded damages
somewhere between $1 and $99,999.99. Obviously,
I am sure there are very significant cases that never go to trial and are
instead are settled due to apparent risks to both parties. However these statistics show how few large
jury verdicts there are in Tennessee each year.
Further, like I have discussed before, cases simply do not go to trial
like they used to do. This is
unfortunate because it inhibits the ability of young litigation attorneys to
gain valuable trial experience. Fewer
and fewer attorneys are obtaining real jury trial experience. This makes is even more important to make sure
you hire attorneys with real jury trail experience whether you are on the
defense or plaintiff side of the case.
Also, these numbers show, once again, how favorable things are for the
defense in Tennessee as Tennessee has become a more and more conservative state
from a legal and political perspective.
Follow me on Twitter
at @jasonalee for updates from the Tennessee Defense...
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Posted on Aug 22 2016 9:06AM by Attorney, Jason A. Lee
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Every year the Tennessee
Administrative Office of the Courts issues a report on the Tennessee
judiciary. This report shows many
different useful statistics for case filings (and other important court system
information) in Tennessee. The most
recent report for fiscal year 2014 – 2015 (covering July 1, 2014 to June 30,
2015) was recently released. This
report confirms the longstanding trends in the law in Tennessee. There is now a longstanding trend downward in
the case filings in both Circuit and Chancery courts since at least 2005. This new report further confirms, once again,
this trend for both courts.
The statistics show a continued decrease in
the filing of Tennessee Circuit Court cases.
The total number of case filings for Tennessee Circuit Courts from 2005
to 2015 are as follows:
2005
– 2006 67,090
2006
– 2007 64,837
2007
– 2008 62,204
2008
– 2009 &nb...
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Posted on Oct 19 2015 9:42AM by Attorney, Jason A. Lee
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I previously discussed major trends in
Tennessee verdicts and the conservative or liberal nature of many counties
in Tennessee for verdicts in personal injury cases. This post is designed to provide updated
statistics on the most recent data available so you have the best information covering
the last five years. This information
can provide valuable insight on the risks associated with taking a case to
trial in the various Tennessee jurisdictions.
The statistics contained in the below chart
are for the 5 year period covering July 1, 2009 through June 30, 2014 (based on
the most recent Tennessee
judiciary reports currently available). These numbers include both jury and non-jury cases (because the statistics available do not separate them out).
I will list the counties in order with the most conservative at the
beginning of the list and the most liberal at the bottom of the list (when I
use the terms “conservative” and “liberal” I am simply referring to the
percentages of cases where damages were actually awarded).
District
and County
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Cases
Tried
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Cases
Awarded Damages
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Percentage
of cases awarded damages
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District 27 (Obion, Weakley)
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7
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0
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0
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District 28 (Crockett, Gibson, Haywood)
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4
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0
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0
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District 29 (Dyer, Lake)
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10
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0
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0
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District 25 (Fayette, Hardeman,
Lauderdale, McNairy, Tipton)
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36
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1
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2.8
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District 17 (Bedford, Lincoln, Marshall,
Moore)
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35
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1
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2.9
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District 23 (Cheatham, Dickson, Houston,
Humphreys, Stewart)
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16
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1
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6.3
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District 8 (Campbell,
Claiborne, Fentress, Scott, Union)
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131
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14
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10.7
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District 15 (Jackson, Macon, Smith,
Trousdale, Wilson)
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39
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6
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15.4
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District 12 (Bledsoe, Franklin, Grundy,
Marion, Rhea, Sequatchie)
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50
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10
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20.0
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District 24 (Benton, Carroll, Decatur,
Hardin, Henry)
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30
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6
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20.0
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District 10 (Bradley, McMinn, Monroe,
Polk)
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99
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22
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22.2
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District 13 (Clay, Cumberland, Dekalb, Overton, Pickett,
Putnam, White)
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96
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23
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24.0
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District 4 (Cocke, Grainger, Jefferson
Sevier)
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66
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19
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28.8
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District 16 (Cannon, Rutherford)
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116
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34
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29.3
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District 2 (Sullivan)
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28
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9
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32.1
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District 3 (Greene, Hamblen, Hancock,
Hawkins)
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31
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10
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32.3
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District 21 (Hickman, Lewis, Perry,
Williamson)
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37
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12
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32.4
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District 1 (Carter, Johnson, Unicoi, Washington)
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49
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16
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32.7
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District 11 (Hamilton)
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191
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66
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34.6
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District 5 (Blount)
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31
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11
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35.5
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District 6 (Knox)
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256
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94
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36.7
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District 18 (Sumner)
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60
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23
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38.3
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District 31 (Van Buren, Warren)
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10
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4
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40.0
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District 22 (Giles, Lawrence, Maury, Wayne)
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24
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10
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41.7
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District 9 (Loudon, Meigs, Morgan, Roane)
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32
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15
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46.8
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District 26 (Chester,
Henderson, Madison)
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82
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39
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47.6
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District 19 (Montgomery, Robertson)
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77
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39
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50.6
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District 7 (Anderson)
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71
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36
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50.7
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District 30 (Shelby)
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415
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211
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50.8
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District 20 (Davidson)
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313
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185
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59.1
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District 14 (Coffee)
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19
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14
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73.7
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Generally, most
Tennessee counties are conservative when it comes to assessing damages in
personal injury or death cases. Overall,
there were 2471 cases tried in Tennessee during this 5 year period. A total of 931 resulted in monetary
damages. This means only 37.7% of
personal injury cases that went to trial in Tennessee actually resulted in
monetary damages over the last five years.
Also, remember that some cases go to trial where there is a stipulation
or concession of liability and the only issue is the extent of monetary
damages. As a result, the actual
percentage of cases where damages are awarded are probably significantly lower
than the above statistics because of this factor that cannot be determined by
the statistics.
The above information
can provide valuable insight to attorneys, corporations and insurance companies
on the general proclivities of certain Tennessee jurisdictions in personal
injury cases. The two most liberal
jurisdictions (setting aside Coffee County which has a very small sample size)
are Davidson County and Shelby County, as would be expected. However, even in those counties, it is close
to a 50/50 proposition on whether damages will be awarded or not. When compared to my prior statistical
report that was done covering a 7 year period from 2005 to 2012, it is
clear most Tennessee jurisdictions have become more reluctant to award damages
in personal injury or death cases.
Follow me on Twitter at @jasonalee for updates from the Tennessee Defense Litigation
blog.
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Posted on May 29 2015 7:41AM by Attorney, Jason A. Lee
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The most recent Tennessee judiciary
annual report
was published providing statistics for the 2013 – 2014 fiscal year for
Tennessee cases. This is another in a
series of posts where I will discuss the interesting statistics found in this
report. Today I will discuss the personal
injury and death cases in Tennessee where there was an actual trial.
For the 2013 - 2014 fiscal year there were a
total of 416 personal injury or death cases that actually went to trial. Out of those cases, only 128 (only 30.8%) of
them resulted in damage awards. This is
a significant decrease over the 2012 – 2013 year where 41.1% of these trials
resulted in damage awards. Also, keep in
mind there are obviously some cases that proceed to trial where the defendants
actually admit liability and the only issue at trial is the amount of
damages. As a result, this is a truly
stunning number which further reflects how conservative Tennessee courts and
juries are becoming in awarding damages in personal injury or death cases.
Shelby
County Statistics:
Some of the statistics for individual
counties are also quite surprising. For
instance, in Shelby County a total of 95 such cases proceeded to trial. Out of those 95 cases only 36 were awarded
damages (38% received awards). This is
drastically reduced from the prior fiscal year when 57.9% of the personal
injury or death tort trials in Shelby County resulted in an award of
damages.
Davidson
County Statistics:
Davidson County also reported a reduction in
number of cases that actually resulted in damages. There were a total of 57 trials in Davidson
County, Tennessee for personal injury or death cases. A total of 34 resulted in actual
damages. This shows that 59.6% of the
time damages were actually awarded in Davidson County cases. This is reduced from the prior fiscal year
where damages were awarded 65% of the time.
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Posted on May 6 2015 10:23AM by Attorney, Jason A. Lee
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This post is another post in a continuing
series of discussions about the most recent Tennessee
judiciary annual report. The most
recent report was released for the 2013 – 2014 fiscal year (July 1, 2013 to
June 30, 2014). As I previously
discussed, out of the 416 personal injury or death cases that went to trial in
2013 – 2014, a total of only 128 of those cases actually resulted in
damages. The total monetary award for
these 128 cases that resulted in damages was $44,723,979.00. This constitutes an average award of
$349,406.00 per case where damages were actually awarded. However, that number is very deceiving. Specifically, this statistic was
significantly warped by one single award in Shelby County totaling
$33,591,900.00. When this one award is
removed, the total damages awarded in personal injury or death trials in
Tennessee for the 2013 – 2014 fiscal year totals $11,132,079.00. This results in average award of
$87,654.16.
Interestingly, out of the 128 cases where
damages were awarded, only 27 cases resulted in awards of $100,000.00 to
$1,000,000.00. There were only 2 cases
that were awarded over $1,000,000.00 in the State of Tennessee for 2013 – 2014
(this includes the above discussed $33,591.900.00 award). The remaining 99 cases were all awarded damages
somewhere between $1 and $99,999.99.
Once again, obviously a substantial amount of cases settled before going
to trial so there are obviously very significant cases that never go to trial
and are instead settled. However these
statistics show how few large jury verdicts there are in Tennessee on an annual
basis. These statistics are very helpful
in providing a measuring stick to assess Tennessee cases and the value for
those Tennessee cases. These numbers
show, once again, how favorable things are for the defense in Tennessee.
Follow me on Twitter at @jasonalee for updates from the Tennessee Defense Litigation
blog.
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Posted on Apr 5 2015 11:39AM by Attorney, Jason A. Lee
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Each year the Tennessee
Administrative Office of the Courts issues a report on the Tennessee
judiciary. This report shows statistics
for case filings (and other important judiciary information) in Tennessee. The most recent
report for fiscal year 2013 – 2014 (covering July 1, 2013 to June 30, 2014) was
just released and provides confirmation of previous legal trends in
Tennessee. I previously discussed the
downward trend for case filings that has continued since at least 2005. This new report further confirms this trend
for both Chancery and Circuit courts.
The statistics show a continued decrease in
the filing of Tennessee Circuit Court cases.
The total number of case filings for Tennessee Circuit Courts from 2005
to 2014 are as follows:
2005 – 2006 67,090 2006 – 2007 64,837 2007 – 2008 62,204 2008 – 2009
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Posted on Mar 30 2014 9:50PM by Attorney, Jason A. Lee
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Analysis: This post is another in a continuing series of
posts that analyze the Tennessee
Judiciary Annual Report that was recently published providing court statistics
for fiscal year 2012 - 2013 (July 1, 2012 to June 30, 2013). Today I am going to discuss the very
significant reduction in the number of personal injury/death cases that proceed
to trial over the last 15 years.
For
fiscal year 2012 – 2013 there were a total of 10,137 personal injury/death cases
that were disposed of in Tennessee in one way or another. Out of these cases, 438 of them were disposed
of by trial (4.3%). Only 213 of these
trials were jury trials (2.1%).
Davidson, Hamilton, Knox and Shelby Counties had a total of 216 cases that
proceeded to trial which was 49.5% of the total personal injury cases that went
to trial in Tennessee.
These statistics also show that there has
been a great reduction in trials in Tennessee over the last 15 years. In the 2000 - 2001 fiscal year (the first
year Tennessee kept these statistics), there were a total of 967 personal
injury or death cases that proceeded to trial.
In 2013 there were only 438. This
means that since 2000 we have had a 55% reduction in trials in personal injury/
death cases. This has been due to
many factors including tort reform and the encouragement of mediation in
Tennessee. It also shows why a lot of
attorneys struggle to get good trial experience early in their career.
Follow me on Twitter at @jasonalee for updates from the Tennessee Defense Litigation
blog.
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Posted on Mar 9 2014 9:36PM by Attorney, Jason A. Lee
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Analysis: The Tennessee
Judiciary has published their new annual report covering fiscal year 2012 to
2013 (July 1, 2012 to June 30, 2013) on Tennessee Court statistics. This report provides a significant amount of useful
statistics and information about the Tennessee judicial system. One important part of the report is the
information about personal injury tort cases in Tennessee.
Out of the 438 cases that went to trial in
fiscal year 2012 to 2013 in Tennessee, a total of 180 received actual monetary
awards (41.1% of the
trials resulted in a damages award).
The total monetary awards provided in these 180 trials was $34,514,022.00. This is an average award of $191,744.57 per successful
trial. This statistic is greatly skewed
by one Davidson County jury award of $13,623,000.00 which was the largest award
in Tennessee for this fiscal year, however this jury verdict was reversed on
appeal in a February 2014
Tennessee Court of Appeals decision and this case has been remanded to the
trial court to be re-tried. When this one
award is removed, the average monetary award in Tennessee was $116,061.23.
Out of the 180 personal injury tort cases
where the jury provided a damages award, 151 of them resulted in an award
between $1.00 and $99,999.00. 22 of
these cases resulted in an award of between $100,000.00 and $999,999.00. Only 7 of these cases resulted in awards of
greater than $1,000,000.00. This shows
how conservative Tennessee juries are in assessing damages in personal injury
cases. Obviously a lot of cases settle
before getting to trial, but these statistics show how few large jury awards
there are in Tennessee on an annual basis.
I will likely have a few more posts
regarding the statistics found in this report.
These statistics help us assess how liberal or conservative
certain jurisdictions are within Tennessee
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