Comments on: Answer to Question of the Week #21 http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/ Wed, 15 Oct 2008 20:09:37 +0000 http://wordpress.org/?v=2.6.2 By: Eric http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-260 Eric Wed, 13 Feb 2008 20:47:54 +0000 http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-260 Mark: It gets really hard to evaluate these statistics because many settlements can be viewed as a "win" by the employer. Many cases settle prior to a summary judgment ruling because the employee's counsel sees the writing on the wall. Thanks for the information and for prompting the discussion! Eric Mark:
It gets really hard to evaluate these statistics because many settlements can be viewed as a “win” by the employer. Many cases settle prior to a summary judgment ruling because the employee’s counsel sees the writing on the wall.
Thanks for the information and for prompting the discussion!
Eric

]]> By: Mark Toth http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-259 Mark Toth Wed, 13 Feb 2008 17:23:57 +0000 http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-259 Hello Jon! Thanks for the comment. There's a fair amount of debate around this very topic. The 30% number comes from a variety of sources I've seen over the years, primarily jury verdict research and the Dispute Resolution Journal. In most of the studies I've seen, the numbers tend to hover between 27-32%, with 30% the number I've seen cited most often as the "benchmark." You make a good point about what exactly constitutes a "win." Most of the studies seem to define "win" as winning at trial. I have seen studies with dramatically different win percentages but -- to your point -- it all depends on how "win" is defined. Hope this helps, Mark P.S.: I really enjoy your blog -- very informative! Hello Jon!

Thanks for the comment. There’s a fair amount of debate around this very topic. The 30% number comes from a variety of sources I’ve seen over the years, primarily jury verdict research and the Dispute Resolution Journal. In most of the studies I’ve seen, the numbers tend to hover between 27-32%, with 30% the number I’ve seen cited most often as the “benchmark.”

You make a good point about what exactly constitutes a “win.” Most of the studies seem to define “win” as winning at trial. I have seen studies with dramatically different win percentages but — to your point — it all depends on how “win” is defined.

Hope this helps,

Mark

P.S.: I really enjoy your blog — very informative!

]]> By: Jon Hyman http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-257 Jon Hyman Wed, 13 Feb 2008 15:41:02 +0000 http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/#comment-257 Mark, I'm curious where your 30% number comes from. A study published late last year by the Federal Judicial Center reported that only 9-14% of employment discrimination cases in federal court terminate on summary judgment. Based on my experience, the number in state court is significantly lower. Given the small number of cases that actually go to trial, you can't be defining "winning" as a dismissal or an employer verdict. Now, I agree that winning is often subjective, and an employer can "win" a lawsuit by a favorable settlement. Can you elaborate on how you are defining a "win" and where your stat comes from? Thanks. Mark,

I’m curious where your 30% number comes from. A study published late last year by the Federal Judicial Center reported that only 9-14% of employment discrimination cases in federal court terminate on summary judgment. Based on my experience, the number in state court is significantly lower. Given the small number of cases that actually go to trial, you can’t be defining “winning” as a dismissal or an employer verdict. Now, I agree that winning is often subjective, and an employer can “win” a lawsuit by a favorable settlement. Can you elaborate on how you are defining a “win” and where your stat comes from? Thanks.

]]>