By Thomas H. Cohen, J.D., Ph.D.

BJS Statistician

Totals and trends

• During 2001 an estimated 3,698 contract cases

were disposed of by trial in State courts of general

jurisdiction in the Nation’s 75 largest counties.

Contract cases represented nearly a third of all civil

trials in these counties.

• Judges adjudicated 56% of contract cases, while

juries decided the remaining 44%.

• The 3,698 contract trials disposed of in 2001 represented a 24% decline from the 4,850 contract trials

disposed of in these counties in 1996.

• About half (54%) of the contract cases disposed of

by trial in the Nation's 75 largest counties in 2001

involved failed agreements between buyers and

sellers. In most contract trials, the litigants were either

individuals suing businesses (33%) or non-individuals

such as businesses, hospitals, or governments suing

businesses (26%). 

Plaintiff winners

• Plaintiffs won in 65% of contract trials. Plaintiffs

were more likely to prevail in contract trials decided

by a judge (68%) than by a jury (62%). 

• The overall plaintiff win rate in contract trials

remained relatively unchanged from 1996. Plaintiff

win rates in contract jury trials, however, increased

from 56% in 1996 to 62% in 2001.

Damage awards

• In 2001 the overall median damage award, which

includes both compensatory and punitive damages,

for plaintiff winners in contract trials was $45,000.

• Plaintiff winners garnered higher median damage

awards in contract jury trials ($81,000) compared to

contract bench trials ($30,000). 

• Nearly 11% of plaintiff winners in contract jury trials

received awards of $1 million or more, while about

2% of plaintiff winners in contract bench trials won

damages totaling $1 million.

• No significant changes were found in the median

damage awards in contract jury or bench trials

disposed of in the Nation’s 75 largest counties from

1996 to 2001.

Punitive damages

• In 2001 punitive damages were awarded to 6% of

plaintiff winners in contract trials. In cases with plaintiff winners, judges imposed punitive damages in 3%

of contract trials, while juries awarded punitive

damages in 10% of contract trials. 

• Punitive damages were awarded most frequently in

contract trials involving fraud, employment discrimination, or partnership dispute claims.

• The median punitive damage award for plaintiff

winners in contract trials was $83,000 (not shown 

in a table). 

Bureau of Justice Statistics

Selected Findings

Civil Justice Survey of State Courts, 2001

Contract Trials and Verdicts in Large

Counties, 2001

January 2005, NCJ 207388

U.S. Department of Justice

Office of Justice Programs
• The median punitive damage award for plaintiff

winners in contract trials was $83,000 (not shown 

in a table). 

Time to disposition

• Contract cases tried before a jury took slightly over

2 years (25 months) on average to proceed from filing

to disposition. Contract bench trials, in comparison,

were disposed within an average of 18 months. 

Post verdict relief

• Plaintiffs filed motions for post verdict relief in 12%

of contract trials that they won, while defendants

requested post verdict relief in 26% of contract trials

with a plaintiff winner. 

• Motions for new trials or award modifications were

among the most common types of post verdict relief

sought by plaintiff winners. Defendants made

requests for new trials in about 60% of contract trials

in which they sought post verdict relief.

• Plaintiffs filed motions for post verdict relief in 18%

of contract trials that they lost. Defendants engaged

in post verdict activity in less than 10% of contract

trials without a plaintiff winner.

• The courts granted post verdict relief to 57% of

plaintiff winners seeking to have their verdict

modified. The most common type of post verdict relief

granted to these plaintiffs was an award modification.

Among contract trials in which the plaintiff lost, post

verdict relief was granted to 12% of plaintiffs who

sought some form of post trial relief.

• Post verdict relief was granted to about a third of

defendants who sought to modify a favorable plaintiff

verdict or judgment. In almost half of these cases, 

the relief granted was in the form of an award

modification.

• Plaintiffs filed appeals in 7% of contract trials 

in which they prevailed and 21% of contract trials 

in which they lost. Defendants gave notice of appeal

in 20% of contract trials with a plaintiff winner and 4%

of contract trials where the plaintiff did not receive a

favorable verdict.

Types of litigants

• In 54% of contract trials, the primary plaintiff litigant

was an individual. Businesses were plaintiffs in 44%

of contract trials, while government agencies and

hospitals represented fewer than 5% of plaintiffs in

contract trials.

• Businesses were defendants in nearly two-thirds

(62%) of contract trials disposed of in the Nation’s 75

largest counties, while individuals were defendants in

about a third (34%) of contract trials. Governments

and hospitals represented less than 5% of defendants

in contract trials.

Litigant pairings and case outcomes

• Individual plaintiffs prevailed in an estimated threefifths of contract trials where they sued an individual

(59%) or business (60%) defendant. The total median

damage awards individual plaintiff winners received in

these contract trials was $31,000 and $50,000,

respectively.

• Non-individual plaintiffs (businesses, governments,

and hospitals) prevailed in nearly three-fourths of

contract trials in which the defendant was an individual (71%) or business (74%). The total median

damage award for non-individual plaintiff winners was

$60,000 in contract trials involving a business defendant and $20,000 in trials with an individual as

defendant.

2 Contract Trials and Verdicts in Large Counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 3

Note: Data for case and disposition type were available for 100.0% of the 3,698 contract trials. Detail may not sum to total because of rounding. 

-- No cases recorded.

*Other trial cases include trials with a directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted defendants.

 Although these cases are typically placed in a separate category, they are a form of jury trial.

Other or unknown contract 73 2.0 48.6 48.6 2.7

Subrogation 69 1.9 68.1 27.5 4.3

Partnership dispute 40 1.1 55.0 45.0 --

Tortious interference 138 3.7 55.8 42.0 2.2

Rental/lease 276 7.5 22.8 76.8 0.4

Other employment dispute 287 7.8 57.5 38.7 3.8

Employment discrimination 166 4.5 86.7 10.2 3.0

Mortgage foreclosure 22 0.6 -- 100.0 --

Buyer plaintiff 793 21.4 58.1 41.0 0.9

Seller plaintiff 1,208 32.7 22.7 76.3 1.0

Fraud 625 16.9% 45.6% 52.0% 2.4%

All contract trials 3,698 100.0% 42.6% 55.8% 1.6%

Case type Number Percent Jury Bench Other*

All contract trials Type of trial

Table 1. Contract cases disposed of by trial in State courts in the Nation's 75 largest counties, 2001

Note: Plaintiff or defendant type is whichever type appears first in this list: (1) hospital/medical company, (2) business, 

(3) government agency, and (4) individual. For example, any case involving a hospital defendant is categorized as a 

hospital even if there were also business, individual, or government defendants in the case. Data on plaintiff type were 

available for 99.5% of contract trials and data on defendant type were available for 99.4% of contract trials. Detail may 

not sum to total because of rounding.

-- No cases recorded. 

a

Includes law enforcement and other governmental agencies. 

b

Includes insurance companies, banks, and other businesses and organizations. 

c

Includes medical companies. 

d

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, 

and jury trials for defaulted defendants.

Other or unknown contract 72 100 50.0 4.2 45.8 --

Subrogation 65 100 66.2 1.5 32.3 --

Partnership dispute 40 100 37.5 -- 62.5 --

Tortious interference 138 100 34.8 3.6 57.2 4.3

Rental/lease 275 100 53.5 1.5 44.7 0.4

Other employment dispute 286 100 16.4 9.4 72.0 2.1

Employment discrimination 165 100 4.8 34.5 57.0 3.6

Mortgage foreclosure 22 100 54.5 -- 45.5 --

Buyer plaintiff 790 100 16.1 0.6 83.2 0.1

Seller plaintiff 1,204 100 44.1 0.7 53.8 1.3

Fraud 618 100% 35.0% 1.1% 63.4% 0.5%

All contract trialsd 3,675 100% 33.5% 3.2% 62.3% 1.1%

Hospitalc Business Governmenta b Number Total Individual

Percent of each type of defendant

Other or unknown contract 73 100 57.5 -- 42.5 --

Subrogation 69 100 2.9 4.3 92.8 --

Partnership dispute 40 100 65.0 -- 25.0 10.0

Tortious interference 138 100 44.2 0.7 54.3 0.7

Rental/lease 275 100 44.7 -- 53.8 1.5

Other employment dispute 286 100 75.9 0.3 22.0 1.7

Employment discrimination 165 100 99.4 0.6 -- --

Mortgage foreclosure 22 100 -- -- 100.0 --

Buyer plaintiff 789 100 72.2 0.3 27.5 --

Seller plaintiff 1,203 100 31.3 0.7 66.3 1.7

Fraud 616 100% 65.1% 1.9% 32.5% 0.5%

All contract trialsd 3,676 100% 53.9% 0.8% 44.3% 1.0%

Hospitalc Business Governmenta b Case type Number Total Individual

Percent of each type of plaintiff

Table 2. Types of plaintiffs or defendants, by types of contract trials, in State courts in the Nation's 75 largest counties,

2001
4 Contract Trials and Verdicts in Large Counties, 2001

Note: Plaintiff or defendant type is whichever type appears first in this list: (1) hospital/medical company, (2) business, 

(3) government agency, and (4) individual. For example, any case involving a hospital defendant is categorized as a 

hospital even if there were also business, individual, or government defendants in the case. Data on litigant pairings 

were available for 99.3% of all contract trials, 98.2% of fraud trials, 99.7% of seller plaintiff trials, and 99.6% of buyer 

plaintiff trials. Detail may not sum to total because of rounding. 

--No cases recorded. 

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, 

and jury trials for defaulted defendants. 

b

Includes law enforcement and other governmental agencies. 

c

Includes insurance companies, banks, and other businesses and organizations. 

d

Includes medical companies.

e

Includes pairings where both an individual and non-individual plaintiff sued 

an individual, government, hospital, or business defendant.

Other litigant pairingse 195 5.3% 46 7.5% 48 3.9% 40 5.1%

Hospital 13 0.4 -- -- 8 0.7 -- -- d

Business 948 25.8 127 20.7 485 40.3 150 19.0 c

Government 22 0.6 3 0.5 7 0.6 4 0.5 b

Individual 512 14.0% 38 6.2% 279 23.2% 26 3.2%

Non-individual versus:

Hospital 23 0.6 2 0.3 6 0.5 1 0.1 d

Business 1,201 32.7 232 37.7 136 11.3 468 59.2 c

Government 93 2.5 4 0.6 2 0.2 1 0.1 b

Individual 664 18.1% 161 26.3% 233 19.4% 100 12.7%

Individual versus:

All contract trialsa 3,672 100.0% 614 100.0% 1,204 100.0% 790 100.0%

primary defendant of trials Percent of trials Percent of trials Percent of trials Percent

Plaintiff versus Number Number Number Number

All contract trials Fraud Seller plaintiff Buyer plaintiff

Table 3. Pairings of primary litigants in selected types of contract trials in State courts 

in the Nation's 75 largest counties, 2001

Note: Data on plaintiff winners were available for 99.9% of all contract trials. 

Detail may not sum to total because of rounding. 

--No cases recorded. 

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, 

and jury trials for defaulted defendants. 

b

Does not include jury trials that involved trials with a directed verdict, judgments notwithstanding the 

verdict, and jury trials for defaulted defendants. 

c

Excludes bifurcated trials where the plaintiff litigated only the damage claim.

Other or unknown contract 73 56.2 35 54.3 36 55.6

Subrogation 61 67.2 40 50.0 19 100.0

Partnership dispute 41 46.3 22 68.2 18 16.7

Tortious interference 133 57.9 71 57.7 58 56.9

Rental/lease 276 64.9 63 63.5 212 65.6

Other employment dispute 282 55.7 163 63.2 108 47.2

Employment discrimination 160 43.8 138 45.7 17 41.2

Mortgage foreclosure 22 72.7 -- -- 22 72.7

Buyer plaintiff 779 61.5 452 62.6 320 60.9

Seller plaintiff 1,196 76.8 271 70.1 913 78.9

Fraud 602 58.3% 273 61.5% 314 56.7%

Contract cases 3,625 64.8% 1,528 61.6% 2,037 67.8%

winnersc winners Number c winners Number c Case type Number

Plaintiff Plaintiff Plaintiff

Jury trials Bench trials b All contract trialsa

Table 4. Contract trial plaintiff winners in State courts in the Nation's 75 largest counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 5

Note: Data for final awards were available for 98.9% of all sampled contract trials. Final amount awarded includes 

both compensatory (reduced for contributory negligence) and punitive damage awards. Detail may not sum to total 

because of rounding. Award data were rounded to the nearest thousand.

*The number of plaintiffs awarded damages may differ from the number calculated from the percentage of plaintiffs 

who successfully litigated the case (table 4). Missing award data, the fact that in some cases plaintiff winners receive 

nothing because of award reductions, and the inclusion of plaintiff winners in bifurcated damage trials (a group 

excluded from table 4) account for some of this difference.

-- No cases recorded. 

a

Excludes bifurcated trials where the plaintiff won on only the liability claim. Bifurcated trials involving only damage 

Claims, however, have been included. 

b

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted defendants.

Other or unknown contract 41 6,369,000 22,000 13.9 7.1

Subrogation 44 2,047,000 8,000 4.1 --

Partnership dispute 19 52,462,000 97,000 41.8 12.8

Tortious interference 83 580,211,000 94,000 30.7 6.9

Rental/lease 176 24,112,000 20,000 11.9 2.6

Other employment dispute 162 265,939,000 78,000 23.8 4.8

Employment discrimination 73 44,913,000 166,000 39.4 14.4

Mortgage foreclosure 13 2,731,000 70,000 13.6 13.6

Buyer plaintiff 477 130,585,000 45,000 17.7 4.8

Seller plaintiff 925 165,336,000 34,000 10.5 2.9

Fraud 358 $768,506,000 $81,000 30.2% 12.0%

All contract trialsb 2,369* $2,043,211,000 $45,000 17.7% 5.4%

to plaintiff winners Total Median Over $250,000 $1 million or more a Case type

Percent of plaintiff winners 

with final awards —

Final amount awarded 

to plaintiff winners

Contract trials with

damages awarded 

Table 5. Final damage awards for contract trials with plaintiff winners in State courts 

in the Nation's 75 largest counties, 2001

Note: Data for final awards in jury contract trials were available for 99.1% of all jury plaintiff winners. 

Data for final awards in bench contract trials were available for 99.0% of all bench plaintiff winners. 

Final amount awarded includes both compensatory (reduced for contributory negligence), fees and costs, 

and punitive damage awards. Award data were rounded to the nearest thousand.

--No cases recorded. 

**Too few cases to obtain statistically reliable data.

a

Does not include jury trials that involved trials with a directed verdict, judgments notwithstanding the verdict, 

and jury trials for defaulted defendants.

Other or unknown contract 20 977,000 5,000 6.6 --

Subrogation 15 786,000 28,000 12.3 --

Partnership dispute 3 851,000 191,000 ** --

Tortious interference 33 4,274,000 44,000 8.7 --

Rental/lease 136 10,737,000 14,000 9.0 0.7

Other employment dispute 54 7,754,000 58,000 15.4 --

Employment discrimination 7 297,000 40,000 -- --

Mortgage foreclosure 13 2,731,000 70,000 13.6 13.6

Buyer plaintiff 198 31,772,000 16,000 6.9 1.4

Seller plaintiff 724 96,873,000 29,000 7.8 1.6

Fraud 179 $115,173,000 $61,000 28.0% 4.6%

Bench trials 1,381 $272,226,000 $30,000 10.9% 1.9%

Other or unknown contract 19 5,370,000 77,000 22.5 14.9

Subrogation 26 1,248,000 8,000 -- --

Partnership dispute 15 51,610,000 90,000 41.6 15.7

Tortious interference 47 575,307,000 117,000 48.1 12.3

Rental/lease 40 13,375,000 81,000 21.5 9.0

Other employment dispute 105 257,999,000 83,000 28.8 7.4

Employment discrimination 66 44,616,000 218,000 43.6 16.0

Mortgage foreclosure -- -- -- -- --

Buyer plaintiff 278 98,538,000 62,000 25.1 7.3

Seller plaintiff 194 67,816,000 68,000 20.9 7.9

Fraud 174 $653,154,000 $87,000 33.3% 20.1%

Jury trialsa 964 $1,769,033,000 $81,000 27.9% 10.7%

Case type Number Total Median Over $250,000 $1 million or more

Final amount awarded to plaintiff winners Percent of trials with final awards --

Table 6. Final award amounts for civil jury and bench contract trials with plaintiff winners in State courts 

in the Nation's 75 largest counties, 2001
6 Contract Trials and Verdicts in Large Counties, 2001

Note: Data for punitive damage awards in jury contract trials were available for 99.5% of all jury plaintiff winners. 

Data for punitive damage awards in bench contract trials were available for 100.0% of all bench plaintiff winners. 

Not shown are jury trials that involve trials with a directed verdict, judgments notwithstanding the verdict, and jury 

trials for defaulted defendants. These cases accounted for 1 punitive damage verdict with a plaintiff winner. 

In this study, cases are classified by the primary case type, though many cases involve multiple claims 

(that is, contract and tort). Under laws in almost all States, only tort claims qualify for punitive damages. 

If contract cases involved punitive damages, it involved a related tort claim.

Detail may not sum to total because of rounding. 

--No cases recorded.

*Not median but the actual amount awarded. 

Other or unknown contract 1 1 500* 1,000* -- --

Subrogation -- -- -- -- -- --

Partnership dispute 4 -- 186,000 -- 1 --

Tortious interference 8 1 92,000 10,000* 1 --

Rental/lease 9 -- 15,000 -- 2 --

Other employment dispute 16 -- 151,000 -- 1 --

Employment discrimination 13 -- 606,000 -- 5 --

Mortgage foreclosure -- -- -- -- -- --

Buyer plaintiff 15 1 275,000 82,000* 3 --

Seller plaintiff 5 4 4,000 5,000 -- --

Fraud 27 32 $100,000 $52,000 5 --

Contract cases 98 39 $111,000 $46,000 18 --

Case type damages damages Jury Bench Jury Bench

Number of trials with punitive 

Median damages awarded damages of $1 million or more —

awarded 

punitive 

awarded

punitive 

Jury trials Bench trials

Punitive damages awarded to plaintiff winners in jury and bench contract trials

Table 7. Punitive damages awarded to plaintiff winners in contract jury and bench trials in the Nation's 

75 largest counties, 2001

Note: Data on litigant pairings were available for 99.3% of plaintiff award winners. Plaintiff or defendant type is whichever 

type appears first in this list: (1) hospital/medical company, (2) business, (3) government agency, and (4) individual. 

*The number of plaintiffs awarded damages may differ from the number calculated from the percentage of plaintiffs who successfully litigated the

case. Missing award data, the fact that in some cases plaintiff winners receive nothing because of award reductions, and the inclusion of plaintiff

winners in bifurcated damage trials (a group excluded from the plaintiff winner calculation) account for some of this difference. Award data were

rounded to the nearest thousand. Detail may not sum to total because of rounding.

--No cases recorded. 

**Too few cases to obtain statistically reliable data.

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted defendants. b

Includes law enforcement and other governmental agencies. 

c

Includes insurance companies, banks, and other businesses and organizations. 

d

Includes medical companies.

 Hospital 13 76.9 10 8,533,000 212,000 -- -- -- d

 Business 938 74.2 694 1,209,075,000 60,000 24 795,528,000 75,000 c

 Government 22 81.8 18 22,283,000 364,000 -- -- -- b

 Individual 503 71.0% 361 $62,912,000 $20,000 13 $784,000 $30,000

Non-individual versus:

 Hospital 3 ** 3 13,115,000 5,730,000 -- -- -- d

 Business 131 58.8 81 107,283,000 54,000 5 1,341,000 263,000 c

 Government 3 ** -- -- -- -- -- -- b

 Individual 51 76.5% 40 $39,658,000 $57,000 5 $2,400,000 $83,000

non-individual versus:

Individual and 

 Hospital 23 39.1 9 3,198,000 342,000 4 240,000 4,000 d

 Business 1,175 59.5 706 498,793,000 50,000 49 44,745,000 150,000 c

 Government 89 41.6 39 25,275,000 223,000 6 5,993,000 995,000 b

 Individual 650 59.4% 391 $51,744,000 $31,000 28 $3,506,000 $46,000

Individual versus:

All contract trials 3,601 64.7% 2,354* $2,041,869,000 $45,000 133 $854,536,000 $100,000 a

Litigant pairs of trials winners of trials Total Median of trials Total Median

number plaintiff Number Number

Punitive damages awarded 

to plaintiff winners

Final amount awarded 

Total Percent to plaintiff winners

Table 8. Pairings of primary types of litigants in contract trials in State courts in the Nation's 75 largest counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 7

Note: Data for filing time to final verdict or judgment were available for 99.8% of jury trials and 100.0% of bench trials. 

Not actual court days because weekends are included in the time count. Detail may not sum to total because of rounding.

--No cases recorded.

a

Does not include jury trials that involved trials with a directed verdict, judgments notwithstanding the verdict, 

or jury trials for defaulted defendants.

Other or unknown contract 36 23.8 28.7 55.1 11.4 36 15.2 21.2 74.2 3.3

Subrogation 47 12.5 15.5 82.9 2.5 19 18.5 20.7 69.1 --

Partnership dispute 22 20.1 18.8 64.3 -- 18 23.3 24.6 55.6 7.7

Tortious interference 77 21.6 26.0 55.4 7.4 58 14.8 16.8 84.2 --

Rental/lease 63 17.8 21.5 73.3 5.1 212 12.4 15.4 84.0 5.2

Other employment dispute 165 19.7 23.9 60.6 5.5 111 18.5 23.1 66.4 7.2

Employment discrimination 144 19.5 25.0 59.6 10.3 17 18.7 20.0 75.8 --

Mortgage foreclosure -- -- -- -- -- 22 23.8 21.8 60.4 5.3

Buyer plaintiff 458 21.1 25.7 58.5 9.3 325 15.4 18.8 74.7 3.7

Seller plaintiff 275 23.3 26.5 53.6 8.7 921 14.8 17.2 82.4 2.2

Fraud 285 23.0 26.9 54.6% 8.9% 325 17.8 21.0 69.7% 4.9%

Contract cases 1,571 21.3 25.3 58.4% 8.3% 2,065 15.4 18.4 77.8% 3.4%

jury trials (months) (months) 2 years or more bench trials (months) (months) 2 years or more a Case type

Number of Median Mean Less than 4 years Number of Median Mean Less than 4 years

Percent of bench 

trial cases 

disposed of in —

Percent of jury 

trial cases 

disposed of in —

From filing of the complaint to final jury disposition From filing of the complaint to final bench disposition

Table 9. Case processing time from filing of the complaint to final verdict or judgment in State courts in the Nation's 75

largest counties, 2001

Note: Data on litigant pairings were available for 99.3% of contract trials. Data on filing time to final verdict or judgment 

were available for 99.9% of contract trials for which litigant pairings were known. Plaintiff or defendant type is whichever 

type appears first in this list: (1) hospital/medical company, (2) business, (3) government agency, and (4) individual. 

Detail may not sum to total because of rounding. 

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, and jury trials 

for defaulted defendants. 

b

Includes law enforcement and other governmental agencies. 

c

Includes insurance companies, banks, and other businesses and organizations. 

d

Includes medical companies.

 Hospital 13 31.2 7.2 62.8 d

 Business 947 17.2 0.2 120.0 c

 Government 22 21.1 10.3 96.7 b

 Individual 512 15.0 0.6 85.3

Non-individual versus:

 Hospital 3 28.1 19.8 28.1 d

 Business 136 21.4 3.2 103.2 c

 Government 3 35.4 35.4 35.4 b

 Individual 53 19.2 1.3 191.4

non-individual versus:

Individual and 

 Hospital 23 23.2 10.3 90.5 d

 Business 1,198 19.4 0.9 155.4 c

 Government 93 21.1 3.7 76.2 b

 Individual 664 15.4 0.7 88.8

Individual versus:

All contract trials 3,668 17.7 0.2 191.4 a

Litigant pairs of trials Median Minimum Maximum

number Number of months

Total 

Table 10. Case processing time from filing of the complaint to final verdict or judgment for pairings 

of primary litigants in contract trials in State courts in the Nation's 75 largest counties, 2001
8 Contract Trials and Verdicts in Large Counties, 2001

Note: Post verdict motions filed by plaintiffs or defendants include motions for judgments notwithstanding the verdict (JNOV), 

amended judgments, new trials, award modifications, and other relief. 

a

The type of post verdict relief sought will not sum to 100% because the post verdict relief categories are 

not mutually exclusive. 

b

For contract trials in which plaintiffs prevailed, data on plaintiff and defendant post verdict activity were available for 99.6% of trials. c

For contract trials in which plaintiffs did not prevail, data on plaintiff post verdict activity were available 

for 98.8% of trials and data on defendant post verdict activity were available for 98.9% of trials.

 Defendants 8.0 101 26.8 25.6 19.1 35.5

 Plaintiffs 18.4% 232 35.5% 65.2% 7.5% 8.6%

Plaintiff did not prevailc

 Defendants 26.1 628 46.3 60.4 19.8 8.7

 Plaintiffs 11.5% 277 16.8% 24.5% 51.3% 21.4%

Plaintiff prevailedb

sought by — of all trials Number judgment trial modification relief

Post verdict relief Percent JNOV or amended New Award Other 

Percent of trials in which litigants sought 

post verdict reliefa

Contract trials in which 

post verdict relief was sought

 

 

Table 11. Type of post verdict relief sought by plaintiffs or defendants in contract trials 

in State courts in the Nation's 75 largest counties, 2001

Note: Post verdict motions filed by plaintiffs or defendants include motions for judgments notwithstanding the verdict, 

amended judgments, new trials, award modifications, and other relief.

*The number of litigants seeking post verdict relief in table 12 differs from the number posted in table 11 

because of missing or incomplete post verdict relief granted data. 

a

The type of post verdict relief granted will not sum to 100% because the post verdict relief categories are not mutually exclusive. b

Among trials where plaintiffs prevailed, data on the granting of post verdict relief were available for 95.9% of the 277 trials

in which the plaintiff sought post verdict relief and 97.3% of the 628 trials in which the defendant sought post verdict relief. c

Among trials where plaintiffs did not prevail, data on the granting of post verdict relief were available for 95.1% of the 232 trials 

in which the plaintiff sought post verdict relief and 93.5% of the 101 trials in which the defendant sought post verdict relief.

Defendants 95 47.8 9.6 7.4 29.0 53.9

Plaintiffs 220 11.5% 32.6% 12.6% 28.4% 26.4%

Plaintiff did not prevailc

Defendants 611 30.5 19.4 18.3 47.0 21.7

Plaintiffs 266 57.1% 11.8% 5.4% 67.7% 23.0%

Plaintiff prevailedb

granted to -- sought* was granted judgment trial modification relief

New Award Other 

JNOV or

amended

Percent in

Post verdict relief Number which relief

Percent of contract trials in which litigants sought

and were granted reliefa

Post verdict relief 

in contract trials

Table 12. Type of post verdict relief granted to plaintiffs or defendants in contract trials

in State courts in the Nation's 75 largest counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 9

Note: Contract appeals data were available for 99.8% of contract trials in which the plaintiff prevailed 

and 99.7% of contract trials in which the plaintiff did not prevail. Detail may not sum to total because of rounding.

--No cases recorded. 

**Too few cases to obtain statistically reliable data.

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, and 

jury trials for defaulted defendants.

Other or unknown contract 41 10.4 7.8 32 26.2 --

Subrogation 49 -- 8.3 20 6.0 --

Partnership dispute 19 29.0 26.2 22 30.7 8.3

Tortious interference 83 7.8 31.2 56 11.1 8.4

Rental/lease 178 2.2 18.4 97 22.1 1.9

Other employment dispute 162 11.1 22.1 125 28.2 8.3

Employment discrimination 76 14.7 46.6 89 32.0 --

Mortgage foreclosure 16 -- 20.4 6 ** --

Buyer plaintiff 491 5.9 20.2 299 16.6 0.8

Seller plaintiff 931 5.8 14.3 276 20.6 4.6

Fraud 367 8.6% 27.4% 252 18.3% 4.1%

All contract trialsa 2,411 6.8% 19.8% 1,274 20.5% 3.5%

Case type contract trials Plaintiff Defendant contract trials Plaintiff Defendant

Number of Cases appealed by — Number of Case appealed by —

Contract trials with plaintiff winners Contract trials without plaintiff winners

Table 13. Contract trials in which plaintiff or defendant gave notice of appeal in State courts 

in the Nation's 75 largest counties, 2001
Note: The number of contract trials includes bench and jury 

trials, trials with a directed verdict, judgments notwithstanding 

the verdict, and jury trials for defaulted defendants adjudicated 

in 1996 and 2001. 

*1996 - 2001 difference is significant at the 95%-confidence interval. 

a

Data on plaintiff winners were available for 99.9% of contract 

trials in 1996 and 99.9% of contract trials in 2001. 

b

Data on plaintiff final awards were available for 98.1% 

of contract trials with plaintiff winners in 1996 and 98.9% 

of contract trials with plaintiff winners in 2001. 

c

Data on punitive damages awarded to plaintiff winners 

were available for 99.9% of contract trials with plaintiff winners 

in 1996 and 98.3% of contract trials with plaintiff winners in 2001. 

d

Data on time to disposition were available for 92.1% of contract 

trials in 1996 and 99.9% of contract trials in 2001. 

Data sources: Civil Justice Survey of State Courts, 1996 

(ICPSR 2883) and 2001 (ICPSR 3957). Data can be 

obtained from the National Archive of Criminal Justice Data, 

University of Michigan Inter-university Consortium for Political 

and Social Research (ICPSR) at <http://www.icpsr.umich.edu/>.

Contract bench trials 15.8 15.4

Contract jury trials 22.5 21.3

All contract trials 18.4 mo 17.7 mo

(Median case processing time)

of contract trials take?d

How long did disposition

Contract bench trials 3.6 2.8

Contract jury trials 10.8 10.1

All contract trials 6.3% 5.8%

What percentage of plaintiffs 

won punitive damages?c

Contract bench trials 28,000 30,000

Contract jury trials 90,000 81,000

All contract trials $42,000 $45,000

(adjusted for inflation) in

Overall median award amounts 

plaintiffs win?b

How much did prevailing

Contract bench trials 67.8 67.8

Contract jury trials 55.6 61.6*

All contract trials 62.4% 64.8%

plaintiffs won?a

What percentage of

disposed of by trial? 4,850 3,698*

How many contract cases were 

1996 2001

Table 14. Comparing contract trials in State courts in the

Nation's 75 largest counties, 1996 to 2001

10 Contract Trials and Verdicts in Large Counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 11

Note: Standard errors were calculated by using the Jackknife (JKN) method generated

by WESVAR PC. Award data are rounded to the nearest thousand.

to final verdict 17.7 mo 0.8 mo 16.2 mo 19.4 mo

Median months from filing

Punitive 6,196,000 1,598,000 3,017,000 9,375,000

Final $862,000 $140,000 $584,000 $1,140,000

Mean award to plaintiff winners

Punitive 83,000 7,000 70,000 99,000

Final $45,000 $3,000 $40,000 $50,000

Median award to plaintiff winners

with a plaintiff winner 64.8% 0.8% 63.1% 66.5%

Percent of contract trials

Other 1.6 0.2 1.2 2.0

Bench trial 55.9 1.8 52.3 59.4

Jury trial 42.6% 1.7% 39.2% 45.9%

Percent decided by —

Other or unknown contract 73 10 54 92

Subrogation 69 8 52 85

Partnership dispute 40 6 28 53

Tortious interference 138 26 86 190

Rental/lease 276 33 210 343

Other employment dispute 287 31 226 348

Employment discrimination 166 15 136 197

Mortgage foreclosure 22 6 11 34

Buyer plaintiff 793 59 675 911

Seller plaintiff 1,208 96 1,018 1,398

Fraud 625 34 558 692

Number of contract trials 3,698 184 3,332 4,063

Estimate error Lower Upper

95% - confidence

interval

One

standard

Appendix A. Selected estimates, standard errors, and confidence 

intervals, civil trial 2001 survey
12 Contract Trials and Verdicts in Large Counties, 2001

**Too few cases to obtain statistically reliable data.

a

Includes bench and jury trials, trials with a directed verdict, 

judgments notwithstanding the verdict, and jury trials for

defaulted defendants. 

b

Los Angeles County suburban courts were not included.

San Bernardino, CA 30 43.3

Worcester, MA 8 **

Middlesex, MA 24 50.0

Essex, MA 4 **

Wayne, MI 53 52.8

Mecklenburg, NC 22 54.5%

Milwaukee, WI 27 55.6

Alameda, CA 43 55.8

Orange, CA 173 56.1

King, WA 76 56.6

Harris, TX 177 58.2

Contra Costa, CA 17 58.8

Jefferson, KY 45 60.0

New York, NY 53 60.4

Hennepin, MN 76 60.5

Dallas, TX 82 61.0%

Middlesex, NJ 26 61.5

Marion, IN 39 61.5

Palm Beach, FL 63 61.9

Cuyahoga, OH 74 62.2

St. Louis, MO 67 62.7

Maricopa, AZ 73 63.0

San Francisco, CA 65 63.1

Hartford, CT 11 63.6

Bergen, NJ 58 63.8

Cook, IL 58 63.8%

Bexar, TX 45 64.4

Los Angeles, CA 148 66.2 b

Oakland, MI 71 67.6

Franklin, OH 57 68.4

Ventura, CA 33 69.7

Fairfield, CT 10 70.0

Fresno, CA 20 70.0

Pima, AZ 20 70.0

Honolulu, HI 15 73.3

Orange, FL 15 73.3%

Fairfax, VA 94 73.4

Philadelphia, PA 97 74.2

Fulton, GA 35 74.3

Du Page, IL 51 74.5

Allegheny, PA 124 75.8

El Paso, TX 46 76.1

Essex, NJ 27 77.8

Santa Clara, CA 41 78.0

Suffolk, MA 10 80.0

Dade, FL 62 83.9%

County Number winners

plaintiff

Percent 

All contract trialsa

Appendix B. Contract trial winners in State courts, 

by sampled counties, 2001
 Contract Trials and Verdicts in Large Counties, 2001 13

Note: Excludes cases with missing award amounts. Final amount awarded includes both compensatory (reduced for 

contributory negligence), costs and fees, and punitive damage awards. Award data were rounded to the nearest thousand.

-- No cases recorded.

*Not total but the actual amount awarded. 

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict, and jury trials for 

defaulted defendants.

b

Los Angeles suburban courts are not included.

Milwaukee, WI 27 15 619,000 8,000 1 1,000*

King, WA 76 42 8,645,000 17,000 1 10,000*

Fairfax, VA 94 69 6,846,000 18,000 3 410,000

Harris, TX 179 102 34,535,000 63,000 4 824,000

El Paso, TX 46 35 18,856,000 34,000 4 1,060,000

Dallas, TX 82 50 $504,806,000 $140,000 8 $370,019,000

Bexar, TX 45 27 3,922,000 32,000 2 125,000

Philadelphia, PA 96 70 12,361,000 23,000 1 73,000*

Allegheny, PA 125 93 3,385,000 9,000 1 41,000*

Franklin, OH 57 39 11,203,000 63,000 5 341,000

Cuyahoga, OH 74 44 20,404,000 41,000 1 1,200,000*

Mecklenburg, NC 22 11 1,680,000 18,000 -- --

New York, NY 53 31 44,228,000 305,000 -- --

Middlesex, NJ 26 16 1,956,000 42,000 1 500,000*

Essex, NJ 27 20 2,269,000 33,000 1 2,000*

Bergen, NJ 58 35 $18,516,000 $23,000 -- --

St. Louis, MO 68 42 6,836,000 54,000 5 198,000

Hennepin, MN 76 44 3,279,000 46,000 -- --

Wayne, MI 53 26 4,731,000 34,000 -- --

Oakland, MI 71 47 7,478,000 51,000 -- --

Worcester, MA 8 4 906,000 202,000 1 18,000*

Suffolk, MA 10 8 657,000 43,000 -- --

Middlesex, MA 25 12 3,294,000 102,000 2 25,000

Essex, MA 4 2 53,000 27,000 -- --

Jefferson, KY 45 24 1,391,000 14,000 -- --

Marion, IN 39 23 $419,000 $5,000 -- --

Du Page, IL 51 38 4,111,000 6,000 -- --

Cook, IL 58 37 6,053,000 61,000 1 178,000*

Honolulu, HI 15 11 5,993,000 84,000 2 2,001,000

Fulton, GA 35 26 3,596,000 50,000 1 275,000*

Palm Beach, FL 63 39 4,519,000 43,000 -- --

Orange, FL 15 10 1,634,000 113,000 2 300,000

Dade, FL 62 51 407,842,000 65,000 3 279,600,000

Hartford, CT 11 7 298,000 27,000 -- --

Fairfield, CT 10 7 1,436,000 60,000 -- --

Ventura, CA 33 23 $3,567,000 $32,000 -- --

Santa Clara, CA 41 32 16,036,000 92,000 3 530,000

San Francisco, CA 65 40 27,475,000 108,000 4 263,000

San Bernardino, CA 30 13 1,635,000 30,000 -- --

Orange, CA 173 96 123,270,000 78,000 13 25,915,000

Los Angeles, CA 148 98 21,926,000 77,000 7 304,000 b

Fresno, CA 20 14 16,535,000 150,000 3 133,000

Contra Costa, CA 17 10 1,946,000 140,000 1 10,000*

Alameda, CA 43 21 133,134,000 105,000 1 3,500,000*

Pima, AZ 20 14 3,047,000 39,000 1 13,000*

Maricopa, AZ 73 46 $39,032,000 $97,000 5 $31,765,000

contract trials award winners awards award winners awards a County

number of of plaintiff Total of all Median of plaintiff Total of all 

Total Number Number

Punitive damages awarded 

Final amount awarded to plaintiff winners to plaintiff winners

Appendix C. Final and punitive damage awards for plaintiff winners in contract trials, by sampled counties, 2001