Authored By: Iris Garrett
It’s not looking good for plaintiffs involved in employment lawsuits. According to new data by Lex Machina, a research company that provides legal analytics to law firms, this type of litigation is mostly only working out well for employers.
In an article in the ABA Journal, Lex Machina is said to have reviewed nearly 72,000 cases over the last few months, covering lawsuits on employer retaliation, hostile work environments, race bias, and discrimination, and almost three-fourths of those cases ended in settlements. Lex Machina also found that employers prevailed 13 percent of the time when it came to summary judgement in these cases.
Lex Machina says the high settlement rate in employment litigation cases stems from the median time to termination, which is less than a year. It also says the median time to summary judgement is 19 months and two years to trial.
In the ABA Journal article, Lex Machina general counsel, Owen Byrd, says that though the findings should help plaintiff lawyers address employment discrimination and retaliation claims, the information also may add some reassurance to employers facing them, as well as their big law defense. However, Lex Machina says with more software advances, solos and small firms representing claimants can have a more level playing field, tailor their arguments to include these cases, and go head-to-head with larger firms.
To read the full article in the ABA Journal, click here.
Photo Credit: Wavebreak Media Ltd.