In 2008 the Mississippi College Law Review published the results of its 2008 Judicial Administration Project. You can access the the results of the study here.

The study examined Mississippi Supreme Court opinions in civil cases starting on January 1, 2004. During this time period the Court reversed twice as many plaintiff verdicts (176) as defense verdicts (86). In addition, the Court affirmed 43% of verdicts for plaintiffs (134 of 310) compared to 69% of the verdicts for defendants (195 of 281). Interestingly, trial court judges and juries were more balanced than the Supreme Court, rendering 310 verdicts for the plaintiff and 281 for the defense.

The study contained the following important disclaimer:

Take note that this chart displays the disposition of ALL civil cases. It does not reflect the court’s dispositions on any particular topic. Instead, it includes everything from contract disputes to domestic issues to will contests. Procedural matters, including appeals from summary judgment and motions to dismiss, are likewise incorporated.

Because the study included all civil actions and was not limited to jury verdicts involving a business interest against an individual, it does not squarely address the controversy raised by former Mississippi Bar President and highly respected Jackson lawyer, Alex Alston. According to Alston, in the 4 1/2 years prior to June 2008 the Mississippi Supreme Court reversed 88% of jury verdicts that favored wronged victims. During the same time period, the Court reversed 0% of jury verdicts that favored big business.

The MC study does not refute Alston’s criticisms and suggests that Alston had a valid point. Hopefully, the Law Review will continue its analysis to further explore these important questions. The civil justice system does not efficiently resolve disputes when either side has reason to believe that the deck will be stacked in its favor on appeal.