Sources for Verdicts & Settlements Information

While opinions of appellate courts are relatively easy to find in official and/or unofficial reporters, trial level opinions are rarely published. In addition, civil disputes may be resolved in a variety of ways, not always ending in a trial. A recent law review article states that upwards of 60% of all civil disputes are settled or otherwise end prior to trial. A number of publishers selectively cover these unpublished verdicts and settlements to assist practitioners in predicting likely outcomes for their civil cases.

Massachusetts sources
Sources for other states
National/Multistate sources
Internet sources
LexisNexis & Westlaw sources

Massachusetts

Massachusetts Lawyers' Weekly
Print: Law Reserve (current + previous volume)
Microfilm: v.1 (1972)-v.25 (1996)
Online: Lawyers' Weekly Archive (1993-present)

In the "Massachusetts Lawyer" section, look for verdicts and settlements. Contains detailed descriptions of the cases, facts, and amounts awarded.

Massachusetts Verdict Survey
Print: Pappas Lower KFM 2597 .P3 M37 (last published in 1999)

How to Evaluate and Settle Personal Injury Claims in Massachusetts
Print: Pappas Lower KFM 2939 .P4 H69 1989

LexisNexis Sources:

Westlaw Databases:

Sources for Other States

California: Los Angeles Daily Journal--Under "Daily Journal Extra" see the Index to Verdicts and Settlements for a listing by topic and amount, including the resolution of the case (e.g. verdict, settlement, arbitration, etc.). Each entry includes basic facts, contentions of the parties, claimed damages & injuries, and more.

Print: Law Reserve (current 4 months)
Microfilm: Cabinet 8 (1980-)

New York: New York Law Journal--See the table of contents near the front of each issue for the location of the "Verdicts & Settlements" section. Each entry includes basic facts, injuries sustained, and amount awarded.

Print: Law Reserve (current until replaced by microfilm)
Microfilm: Cabinet 8 (Nov. 1979-)
LexisNexis: New York Law Journal source
Westlaw: NYLJ database

New Jersey: New Jersey Law Journal--The "Suits & Deals" section contains verdict and settlement information with a brief statement of facts and the amount awarded.

Print: Law Reserve (current until replaced by microfilm)
Microfilm: Cabinet 8 (1985-)
LexisNexis: New Jersey Law Journal source
Westlaw: NJLJ database

Other states: LexisNexis and Westlaw provide sources for most of the states. To find these sources, go to the individual states menus and look for "Jury Instructions & Verdicts" (LexisNexis) or "Jury Instructions, Jury Verdicts & Judgments" (Westlaw). For multistate sources, see the next section or LexisNexis and Westlaw sources, below.

National/Multistate Sources

These sources provide information about awards in specific cases.

ATLA Law Reporter
Law Annex

ATLA Products Liability Law Reporter
Law Annex KF 1296 .A15 A8

Provides summaries of cases by type of product, including citations and names of counsel. Other items include news of agency actions, brief summaries of articles on products liability, indexes by product and jurisdiction, updates on previously reported cases, and information on how to order filings for cases reported.

Damages in Tort Actions
Print: Law Annex KF 1250 .D37
LexisNexis: Damages in Tort Actions source

"Containing discussions of legal issues raised by recovery of damages in tort actions, illustrative awards & settlements, practice commentaries, and materials to assist the practitioner in evaluating and proving economic loss". See volume 7 for illustrative awards and settlements. These awards are listed by body part or type of claim. They include amount recovered, case name and docket number, event, injury, and other relevant data.

Lane Medical Litigation Guide
Law Annex RA 1051 .L29

This guide assists attorneys with all cases involving medical issues, whether tort or criminal law based. Covers medical evidence, medico-legal information for practitioners, trial techniques, and sample awards and settlements related to various injuries or medical problems. Sample awards are listed by jurisdiction and classification. Citations are provided and cases are divided into those upheld/uncontested versus those where the awards were found excessive. Also provides citations to medical articles.

Lawyers Weekly USA--Look for "Verdicts and Settlements" in the table of contents for verdicts/settlements discussed "in depth", brief reports, and new suits.

Print: Law Reserve (current + previous volume)
Online: Lawyers' Weekly Archive (1993-present)

National Law Journal--Look for "Verdicts" in the table of contents. Listed by topic, contains a brief summary of the case and the amount awarded.

Print: Law Reserve (current + previous volume)
Law Micro: v.1 (1978)-present
LexisNexis: National Law Journal source
Westlaw: NLJ database

National Law Journal Litigation Yearbook
Reference KF 300 .N38 2002
Westlaw: NLJ-RPT-JV database

Contains a table ranking the top 100 verdicts for the previous year, including amount, case type, and case information.

Personal Injury Valuation Handbooks: Verdict Survey
Law Annex KF 1256 .A8 P56

Each handbook covers a different type of tort (products liability, malpractice, work accidents, premises liability, business liability, public administration liability, etc.). Discusses the probability of recovery in specific types of cases. Each handbook begins by summarizing the research (percent of cases where there is recovery, by type of defendant). The general commentary provides an explanation of the distribution of verdicts (percent by amount awarded, award median, range, mean, and awards over 1 million dollars). Sample cases include a case summary, case name, attorneys, witnesses and amount awarded. The case evaluation manual assists attorneys in evaluating probability of jury award and amount that can be expected.

What's It Worth? A Guide to Personal Injury Awards and Settlements
LexisNexis : What's It Worth source

This treatise provides brief information by type of injury. Entries include a description of the injured party, the amount awarded, the jurisdiction, the names of the attorneys, a brief description of the facts, and additional "pertinent information".

Internet Sources

Federal Civil Trials
http://teddy.law.cornell.edu:8090/questtr2.htm

Use this resource to examine amounts awarded in federal trials from 1978 to 1995 in a variety of causes of action.

Morelaw: Verdicts
http://www.morelaw.com/verdicts

Search this source for information about selected jury verdicts and settlements. May be searched by party names (case caption), court, keywords in the case description, and more.

LexisNexis & Westlaw Sources

LexisNexis Sources

Combined Verdict Files
Medical Litigation Alert
National Jury Verdict Review and Analysis
Verdict, Settlements, and Tactics
National Law Journal Annual Verdict and Settlement Review
State Verdict Files
Mealey's Litigation Reports: Although not strictly a verdicts and settlements source, the reports contain information about litigation in selected areas such as asbestos, lead, mold, MTBE, tobacco, personal injury, and products liability. These reports often include discussion of jury awards and settlements. To see a listing of available reports, go to the main LexisNexis page and follow the hierarchy: Secondary Legal > Mealey Reports & Conferences > Mealey's Litigation Reports

Westlaw Databases

Combined ALM VerdictSearch Jury Verdicts & Settlement
Combined JAS Jury Verdicts and Settlements
Jury Verdict and Settlement Summaries
National Law Journal - Annual Jury Verdict Reports
Verdicts, Settlements, and Tactics
Andrews Litigation Reporters: Although not strictly a verdicts and settlements source, the reporters contain information about litigation in selected areas such as automotive injuries, toxic torts, medical devices, toxic torts, and products liability. These reports often include discussion of jury awards and settlements. To see a listing of available reports, go to the Westlaw directory and follow the hierarchy: Litigation > Newsletters.

For more information about sources for settlement information, see the appendix to Blanca Fromm, Bringing Settlement Out of the Shadows: Information about Settlement in an Age of Confidentiality, 48 UCLA L. Rev. 663 (2001)

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