Comments on: Update: trial win rates understate success of ADA plaintiffs https://www.overlawyered.com/2006/03/update-trial-win-rates-understate-success-of-ada-plaintiffs/ Chronicling the high cost of our legal system Mon, 27 Mar 2006 10:31:53 +0000 hourly 1 By: Deoxy https://www.overlawyered.com/2006/03/update-trial-win-rates-understate-success-of-ada-plaintiffs/comment-page-1/#comment-2506 Mon, 27 Mar 2006 10:31:53 +0000 http://overlawyered.com/wpblog/?p=3262#comment-2506 As usual, MAJOR fallacy being committed by the pro-litigation crowd:

92% of lawsuits (not settled) are won by the defendant

This does not tell us WHY this is bad. That is, it makes absolutely no argument that there are good cases being lost. Indeed, it is possible that the majority of those that WIN also bad and should be thrown out; that bad cases win often enough that MANY bad suits are brought (just like other areas of law).

In short, the have no argument, only one piece of an argument.

I’m SO surprised. [/sarcasm]

]]> By: teri https://www.overlawyered.com/2006/03/update-trial-win-rates-understate-success-of-ada-plaintiffs/comment-page-1/#comment-2505 Sun, 26 Mar 2006 19:16:22 +0000 http://overlawyered.com/wpblog/?p=3262#comment-2505 I think its about impressions. I have a situation where my ADA rights were aggregiously violated but seeing the percentage of cases that are won, do I risk the emotional and financial support involved if i dont have a good chance of winning? I’m sure there are many others in my boat thinking the same thing… What are the ratio in other lawsuits to wins for each “side’ vs. settlements?

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