Research Reports

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Sealed Cases in Federal Courts

Tim Reagan, George W. Cort

October 23, 2009

An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing.

Federal Judicial Center National, Case-Based Civil Rules Survey: Preliminary Report to the Judicial Conference Advisory Committee on Civil Rules

Emery G. Lee, Thomas E. Willging

October 1, 2009

This report presents preliminary findings from a survey of attorneys in recently closed civil cases which the Federal Judicial Center conducted in May and June 2009. Nearly half of the attorneys invited to participate responded.

A Study of the Role and Impact of Special Masters in Patent Cases

Jay P. Kesan, Gwendolyn G. Ball

March 25, 2009

Report of a study of the use of special masters in patent litigation.

Impact of the Class Action Fairness Act on the Federal Courts: Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions

Emery G. Lee, Thomas E. Willging, George W. Cort, Laural L. Hooper, Marie Leary, Angelia N. Levy, D. Dean P. Miletich, Robert J. Niemic, Shelia Thorpe

November 1, 2008

The preliminary findings presented in this report suggest that, in diversity class actions, there is less to class allegations than one would expect.

Report on Summary Judgment Practice Across Districts with Variations in Local Rules

Joe S. Cecil, George W. Cort

August 13, 2008

The Judicial Conference Advisory Committee on Civil Rules asked the Federal Judicial Center to examine summary judgment practice across federal district courts as a means of assessing the potential impact of proposed amendments to Rul

The Impact of the Class Action Fairness Act of 2005 on the Federal Courts: Fourth Interim Report to the Judicial Conference Advisory Committee on Civil Rules

Emery G. Lee, Thomas E. Willging

April 1, 2008

The Class Action Fairness Act of 2005 (CAFA) (Pub. L. No. 109-2, 119 Stat. 4 (2005)) expanded the federal courts' diversity of citizenship jurisdiction over class action litigation. Congress's intent was, in part, to shift some class action litigation from the state courts to the federal courts.

Federal Judicial Center Exploratory Study of the Appellate Cost Bond Provisions of Rule 7 of the Federal Rules of Appellate Procedure

Marie Leary

April 1, 2008

At its Fall 2007 meeting, the Appellate Rules Advisory Committee discussed the current circuit split over whether Federal Rule of Appellate Procedure 7 authorizes the inclusion of attorney fees in a bond for costs on appeal.

The Use of Courtrooms in U.S. District Courts: A Report to the Judicial Conference Committee on Court Administration & Case Management

Carol L. Krafka, Donna J. Stienstra, Patricia A. Lombard, Rebecca N. Eyre

January 1, 2008

At the request of the Judicial Conference Committee on Court Administration and Case Management, the Federal Judicial Center conducted a study of the use of courtrooms in the U.S. district courts.

Patent Claim Construction: A Survey of Federal District Court Judges

Rebecca N. Eyre, Joe S. Cecil, Eric Topor

January 1, 2008

This report presents the results of a survey of federal district court judges regarding their use of patent litigation case management and claim construction procedures.

A Quarter-Century of Summary Judgment Practice in Six Federal District Courts

Joe S. Cecil, Rebecca N. Eyre, D. Dean P. Miletich, David Rindskopf

December 1, 2007

Report of a Federal Judicial Center study of summary judgment practice in six federal district courts during six time periods over twenty-five years (1975-2000), to determine whether summary judgment activity has increased over time and to what extent changes in summary judgment practice are due

Federal Judicial Center

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