Whereas employment case filings declined all through the pandemic to the bottom quantity in a decade, COVID-19 instances and damages awards have remained strong.
Menlo Park, CA — August 4, 2022 — Lex Machina, a LexisNexis firm, as we speak releases its Employment Litigation Report. The report examines employment litigation tendencies in federal district and appellate courts. It focuses on the three-year interval from 2019 to 2021 and surveys rising tendencies in case filings, energetic venues, judges, legislation companies, events, timing metrics, case resolutions, findings, and damages. The report continuously focuses on key subsets of the information, in an effort to present analytics on instances involving Title VII, ADA, FMLA, and FLSA.
“One of many largest tendencies is how repercussions from the pandemic proceed to impression employment litigation,” mentioned Greg Brumfield, Lex Machina’s employment authorized knowledge professional and writer of the report. “The information and analytics present the impact, not solely in case submitting numbers in several subsets of employment litigation, but in addition wherein venues have been most energetic.”
Findings from the report embrace:
- The variety of employment instances filed in 2021 (21,193 instances) was the bottom variety of any yr previously decade.
- The results of the pandemic seemingly have been a driving issue behind case submitting tendencies in employment litigation, wherein instances typically trended downward apart from slight will increase in FMLA and ADA lodging instances in 2021.
- The variety of employment instances attributable to COVID-19 filed within the first quarter of 2022 (426 instances) was greater than the quantity filed within the fourth quarter of 2020 (413 instances).
- Probably the most energetic district for employment case filings during the last three years was the Southern District of New York, whereas probably the most energetic circuit was the Ninth Circuit.
- Choose Jesus Gilberto Bernal from the Central District of California heard the very best variety of complete employment instances over the three-year interval from 2019 to 2021 (although he was not probably the most energetic decide in any separate particular person yr throughout that point).
- Walmart Inc. defended in opposition to probably the most employment instances in the course of the three-year interval from 2019 to 2021, although the proportion of all employment instances wherein Walmart Inc. was a defendant was lower than 1%.
- Morgan & Morgan filed the very best variety of employment instances on behalf of plaintiffs over the previous three years, whereas Littler Mendelson represented defendants within the highest variety of employment instances throughout the identical interval.
- The reversal price for Employment Appellate Circumstances during the last three years was 20%.
- In 2021, roughly $1.17 billion in damages have been awarded in 1,016 instances. This was the biggest damages quantity since 2012.
Lex Machina’s stories and software program allow practitioners to plan data-driven litigation methods. The metrics on this report could assist readers resolve who to pursue as purchasers, whether or not to pursue a selected movement, or when to settle. This analysis dietary supplements conventional authorized analysis and anecdotal knowledge for a aggressive edge in litigation.
Register right here for a replica of the report: https://pages.lexmachina.com/2022EmploymentLitigationReport.html
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