Footnote 76

It might be argued that there are more claims per case in unpublished cases than in published cases because more claims improve the chances for survival and unpublished cases have higher survival rates. But the assumption that multiple-claim cases have higher survival rates than single-claim cases is not supported in our data: the survival rate for single-claim cases is 25/65 = 38.5%, while the rate for multiple-claim cases is 30/89 = 33.7%. This odd result may be due in part to a negative judicial reaction to "kitchen sink" complaints alleging multiple varieties of discrimination. See, e.g., Michael Bologna, Judges Warn Employment Lawyers Against Motions for Dismissal, Summary Judgment, 19 Empl. Discrimination Rep. (BNA) 595 (December 4, 2002) (quoting federal District Court Judge Ruben Castillo of the N.D. Ill., who criticized plaintiffs' lawyers "for filing wide-ranging claims alleging discrimination on multiple levels - a strategy akin to 'throwing a plate of spaghetti at the wall to see what sticks"').