Federal Tort Cases Surge Nearly 20% in Past Two Years: Report
Federal district courts saw nearly 20% more tort cases in 2023 and 2024 compared to the 2021-22 period, with motor vehicle and premises liability claims leading the surge while medical malpractice lawsuits dropped to their lowest levels in more than 15 years, according to Lex Machina’s latest litigation analysis.
The comprehensive report analyzes tort cases filed in U.S. federal courts from 2015 through 2024, detailing trends such as the number and type of cases filed, as well as the most active venues, judges, parties and law firms, among other data.
Rising Tide of Traditional Tort Claims
The Lex Machina report shows a clear upward trajectory in federal tort litigation, with 17,320 cases filed in 2024, down from 18,112 in 2023, but higher than 14,045 in 2022.
Motor vehicle tort cases have shown particularly strong growth, climbing to 6,456 cases in 2024 from 5,902 cases in 2023 and 5,253 in 2022. Premises liability claims followed a similar pattern, jumping to 5,623 cases in 2024 from 4,516 cases in 2022.
Meanwhile, medical malpractice claims have moved in the opposite direction, declining steadily from 1,256 cases in 2021 to just 699 in 2024 — the lowest volume since at least 2009.
The medical malpractice decline may reflect different forces at work, according to the report. Federal Tort Claims Act cases involving medical negligence have dropped significantly, partly due to administrative changes like the Veterans Appeals Improvements and Modernization Act of 2017 and a 2022 rule change that increased the Department of Veterans Affairs’ authority to settle claims up to $500,000 before suit.
Additionally, several states have enacted tort reform measures that make it harder for plaintiffs to recover for medical negligence claims, the report noted.
The Southern District of Mississippi emerged as the busiest venue for tort litigation from 2022 to 2024, handling 2,829 cases during that period. More than 2,000 of these stemmed from lawsuits filed in September 2023 alleging lead contamination in Jackson, Mississippi’s drinking water.
The Southern District of Texas ranked second with 2,554 cases, most of which were originally filed in state courts before defendants removed them to federal jurisdiction based on diversity of citizenship.
“Defendants now find it easier to remove state-court cases to federal court. More frequently than ever, defendants can establish that tort claims for property damage, lost wages, and certain injuries exceed the $75,000 amount-in-controversy requirement for federal courts to hear diversity-of-citizenship cases,” the report’s authors said.
Jury Verdicts Reach New Heights as Litigation Landscape Evolves
While total damages awarded in 2024 reached $2.6 billion, down slightly from $2.8 billion in 2023, jury verdicts for tort claimants have surged significantly above historical levels in both total awards and per-verdict amounts, according to the report.
The largest tort verdict in federal courts since 2015 came in Aaron vs. National Railroad Passenger Corporation, where a Western District of Missouri jury awarded $150 million in punitive damages and more than $8 million in compensatory damages against Amtrak. The estate claimed the rail carrier failed to provide necessary assistance to a shooting victim on one of its trains.
The composition of federal tort cases has also shifted, with more cases now centered on independent acts or omissions rather than mass tort actions, Lex Machina said. While new mass tort filings have emerged — such as the Jackson water contamination cases — none have approached the scale of previous actions linked to Deepwater Horizon, DuPont C-8 pollution claims or the 2001 World Trade Center attacks, according to the report.
Obtain the full tort litigation report here. &

