This chapter examines myths and realities in the recent history of litigation in the United States. It looks at the actual figures – how many people are suing, and where are they suing; and are they suing more or suing less than they did in the past? It looks at the differences between federal and state litigation. It looks at litigation qualitatively as well as quantitatively: are the kinds of lawsuit changing, and in what ways? It examines the disputed question of the impact of litigation on society. It also examines alternatives to litigation and their popularity.

Litigation is controversial and has been controversial for more than a century. To say that a person or a society is “litigious” is not complimentary. This is true not only in this society, but in other societies as well. It is an interesting question why this should be the case. After all, the right to a “day in court” is one of the hallmarks of an open, democratic society. Modern societies insist that people must have access to justice (though they often fall far short of this ideal); why then is it considered bad if people take advantage of this right?