| Chapter
9
Covering
Civil Courts
By Maurice
Possley
Making A Federal Case
Federal courts are courts of limited jurisdiction because they may only decide
certain types of cases as provided by Congress or as identified in the U.S. Constitution.
There are two main sources of the cases coming before the federal
courts: federal question jurisdiction, and diversity jurisdiction.
In general, federal courts may decide cases that involve the United
States government, the United States Constitution or federal laws,
or controversies between states or between the United States and
foreign governments.
A case that raises such a federal question may be filed in federal
court. Examples of such cases might include a claim by an individual
for entitlement to money under a federal government program such
as Social Security, a claim by the government that someone has
violated federal laws, or a challenge to actions taken by a federal
agency.
A case also may be filed in federal court based on the diversity
of citizenship of the litigants, such as between citizens of different
states, or between United States citizens and those of another
country. An important limit to diversity jurisdiction is that only
cases involving more than $75,000 in potential damages may be filed
in a federal court. Claims below that amount may only be pursued
in state court. Any diversity jurisdiction case regardless of the
amount of money involved may be brought in a state court rather
than a federal court.
The Beginning
A civil case begins with the filing of a complaint, also referred to as a petition.
Unlike a criminal complaint or indictment, which is brought by a member of
law enforcement or a grand jury on behalf of a victim, a civil complaint
is brought directly by the victim or—in the case of a wrongful death
lawsuit—by the victim’s legal heirs.
The entity that files the lawsuit is the plaintiff. The entity
that is sued is the defendant.
It is important to keep in mind when you consider whether to report
the filing of a particular case that some lawsuits may be filed
without any legal basis or are grounded in erroneous information
merely to harass a defendant. As Dennis Fisher, a former court
reporter for the Chicago Sun-Times and now a lawyer in
North Dakota, was fond of saying, “Anyone with a green crayon
and who has the filing fee can file a lawsuit.” These lawsuits,
as one might imagine, cover a broad spectrum—a prison inmate
who sues because the commissary refuses to carry a particular shade
of oil paint; a man who alleges the FBI has planted a transmitter
in his head; a convicted child molester who sues a security company
for not preventing him from attacking a child. Because many lawsuits
are dismissed by judges as having no merit in fact or law, it is
important that reporters make every effort to get the defendant’s
side of the story.
Be careful about reporting monetary damages sought. In some cases,
the figure may have no basis in reality. In some cases, there may
be a minimum damage request, but ultimately the damages may be
far higher—or lower—when the evidence is developed.
Reporters should be aware that rules exist which allow a defendant
to seek damages—typically in the amount of expended attorneys’ fees—against
a plaintiff who is found to have brought a frivolous lawsuit, but
such rules do not deter some plaintiffs in the slightest. A large
corporation or government agency that is the target of a lawsuit
may find it cheaper to settle out of court at the beginning instead
of paying the defense cost even the cost of proving the case is
frivolous. The issue of frivolous lawsuits is not new, but it is
a growing concern. Organizations of consumers and trial lawyers
argue that tort reform measures can severely limit people’s
right to trial by jury, as guaranteed in state and federal constitutions.
Some state courts have struck down tort reform measures as unconstitutional
on such grounds.
In the fall of 2004, the U.S. House of Representatives passed
the Lawsuit Abuse Reduction Act, which include provisions for sanctions
on attorneys who file frivolous lawsuits. The bill, however, failed
in the U.S. Senate.
Virtually all medical malpractice awards include a substantial
amount for “pain and suffering.” There have been legislative
attempts to limit this element of damages. Several states presently
have medical malpractice “damage caps” of some type
of damages, and a handful of states have set limits on non-economic
damages.
Most plaintiff lawyers work for a contingency fee—a percentage
of the ultimate outcome in the case. The contingency fee is the
most common form of payment arrangement for plaintiffs seeking
representation in personal injury litigation. Instead of billing
the plaintiff on an hourly basis, the attorney is entitled to a
percentage of the settlement or trial award, typically one-fourth
or one-third. If the plaintiff does not receive any compensation
for damages, the attorney receives nothing. Contingent fees are
not allowed in criminal matters. Defense lawyers in civil cases
usually are paid by the hour.
Tort Filings Up, Per Capita Filings Down
The statistics on civil cases show that the number of tort filings increased
40 percent between 1975 and 2002 in 16 states tracked by the National Center
for State Courts (NCSC). Per capita filings have actually declined over the
last 25 years, and total filings fell five percent between 1993 and 2002,
the last year for which statistics are available. The number of jury trials
in state and federal courts has declined significantly. A 2005 report from
the U.S. Bureau of Justice Statistics said that the number of personal injury
trials concluded in federal courts declined by nearly 80 percent between
1985 and 2003, from 3,600 to 800. There are some types of lawsuits that have
become more common. Medical malpractice suits rose 18 percent between 1993
and 2002 in 11 states tracked by NCSC. And asbestos lawsuits—tort claims
brought by workers and others who contend they suffer from lung disease due
to inhaling asbestos fibers in the workplace—continue to be filed at
an increasing rate. Indeed, President George W. Bush cited the asbestos suits
as among reasons to rein in class action lawsuits.
The complaint will list the aggrieved parties, the defendants,
a description of the facts that gave rise to the dispute in question,
the laws that have been violated and the remedy that is being sought.
Remedies that can be sought include monetary damages and injunctions.
If the lawsuit has been filed on behalf of a large group of plaintiffs—known
as a class action—remedies will be sought for all members
of the class. Class action lawsuits are designed to provide relief
for damages or injuries incurred as a result of the actions of
others, and also to deter the same harmful acts from happening
again. It is an area of the law that many critics say has been
badly abused—clogging up the courts with frivolous suits
that seek easy cash or publicity instead of providing for the truly
hurt. Some critics say that class action lawsuits result in minimal
benefit to the plaintiffs, whole providing huge fees for law firms.
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