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State of Legal Risk · 2026 Edition

The State of Legal Risk, 2026 Edition

How United States federal civil cases end and how long they take. Cases filed 2010 through 2019. The point is not an average. It is how far the numbers move once you look by venue and case type.

How cases end
0.9%
of federal civil cases end in a trial verdict.

31.6% are dismissed as settled. Most of the rest end on a dismissal or a ruling before trial. For anyone pricing legal risk, how and when a case ends matters more than who would win at trial.

Dismissed as settled
31.6%
Other dismissal
20.6%
Voluntary dismissal
14.8%
Judgment on motion before trial
13.4%
Dismissed for want of prosecution or lack of jurisdiction
4.5%
Default judgment
2.4%
Trial verdict (jury, directed or court trial)
0.9%
All other endings
11.9%
Durational intelligence

Half close in under nine months. The slowest tenth run past three years.

Time to resolution is the lever that turns an ending into a return. Capital committed to a matter that runs three years earns a very different rate than the same outcome in nine months. This is the distribution most underwriting never sees.

98days
25th percentile
260days
Median
551days
75th percentile
1,110days
90th percentile
Venue dispersion

Same matter, different venue, a different bet.

Dismissed-as-settled shares range from 12.6% in the D.C. Circuit to 52.9% in the Third, and median time to close from 135 to 458 days.

Median time to close runs from 135 days in the Third Circuit to 458 days in the Fourth. Venue is not a footnote. It is a primary input.

Circuit
Settled
Within 12 months
Median days
First
26.0%
50.7%
358
Second
26.7%
60.3%
272
Third
52.9%
75.2%
135
Fourth
39.4%
43.4%
458
Fifth
31.2%
53.9%
328
Sixth
27.1%
58.0%
295
Seventh
33.1%
57.4%
292
Eighth
21.2%
59.3%
294
Ninth
22.4%
67.4%
228
Tenth
25.7%
64.5%
257
Eleventh
29.0%
71.1%
197
D.C.
12.6%
60.9%
254
10% SETTLED55%
Case-type intelligence

How a case ends and how long it takes both depend on the case type.

Product liability and pharmaceutical matters run about three years at the median (1,103 and 1,048 days). Patent and contract close in about 217 and 250 days. Pricing that ignores the timeline misprices the asset.

Case type
Settled
Median days
Cases (n)
Pharmaceutical product liability
45.1%
1,048
123,979
Patent
28.9%
217
44,387
Employment (civil rights)
44.1%
322
124,583
Product liability
59.6%
1,103
189,734
Insurance
48.8%
273
90,921
Contract
35.0%
250
110,072
Other personal injury
48.5%
335
75,397
Wage and hour
57.3%
248
74,643
Motor vehicle injury
61.9%
339
36,250
Methodology and confidence

How to read this, and how far to trust it.

Source
United States federal civil court records. Cases filed 2010 through 2019, one record per case, each with at least six years of follow-up. Transfers and remands are excluded because the case continues in another court.
How cases end
Manner of termination as recorded by the court: settlement dismissal, other dismissal, ruling on a motion, default, or trial verdict. This edition does not report who prevailed.
Duration
Calendar days from filing to termination. Reported as distribution percentiles and medians, never a single average, because the spread is the risk.
This edition
Updated October 2026.
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