Jessica Erickson

University of Richmond

Data and Transparency in the Courts

Jessica Erickson

University of Richmond

Data and Transparency in the Courts

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The Importance of Data

Potential litigants want transparency and predictability:

• Does Nevada’s business court handle cases like mine?
• How long does the court take to resolve cases like mine?
• How does the court typically resolve cases like mine?

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Current Data Collection Practices: Nevada

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Current Data Collection Practices: Nevada

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Delaware Court of Chancery Supplemental Information Sheet

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Texas Business Court Case Information Sheet

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Data Collected at the Start of a Case

• Date Filed
• Parties
• Law Firms
• Judge
• Types of Entities
• Entities’ State of Incorporation/Registration
• Types of Claims (Fiduciary Duty, Contract, Common Business Torts)
• Common Allegations (Conflict-of-Interest Transaction, Merger or Acquisition, Bad Faith, etc.)
• Type of Relief Requested
• Amount of Relief Requested
• Presence of Class or Derivative Claims

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Data Collected at the End of a Case

• Date Completed
• Final Judge
• Filing of Substantive Motions (Motions to Dismiss, Summary Judgment, Expedited Proceedings)
• Trial
• Outcome
• Relief Awarded
• Fees Requested and Awarded, along with Hours and Lodestars

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Mechanics of Data Collection

• Online Case Forms
• Drop-Down Menus, Rather than Textual Descriptions
• Publicly Accessible
• Searchable and Analyzable

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QUESTIONS?