Federal

The federal government and the states each have an important role in addressing the problem of lawsuit abuse. While most legal reform activity occurs at the state level with states enacting multiple effective, high profile reforms over the past several years, many important legal reforms have also been enacted and implemented at the federal level.

While the political process has slowed some legal reform efforts at the federal level, Congress is currently considering a number of important proposals that would help restore balance to America's legal system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, class action reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.

In addition to these proactive legal reform efforts, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, the federal courts, and the regulatory agencies.

Research

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

May 26, 2016 | This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses.

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

February 19, 2016 | This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another.

All Results for Federal

U.S. House Panel Approves Asbestos "Double-Dipping" Reform Bill

February 17, 2017 | News and Blog

The U.S. House Judiciary Committee has approved the Furthering Asbestos Claim Transparency, or FACT Act, of 2017 by a vote of 19-11. The bill targets the country's current asbestos injury compensation system writes Forbes/Legal Newsline. Read More »

In the News Today - February 17, 2017

February 17, 2017 | News and Blog

Lawyers, not consumers, are the main beneficiaries of class actions today. Take, for example, a class action lawsuit against a beverage company for allegedly implying that a product called "vitaminwater" was healthy. Read More »

House Bill Would Make Life Much, Much Harder for Class-Action Lawyers

February 16, 2017 | News and Blog

Dan Fisher, senior editor at Forbes, writes on the Fairness in Class Action Litigation Act of 2017 (FICALA) which passed the House Judiciary Committee last night. The bill will eliminate "most of the tactics plaintiff lawyers use to extract large fees for themselves while delivering little or nothing to their clients." Read More »

In the News Today - February 16, 2017

February 16, 2017 | News and Blog

The current asbestos system is plagued by rampant fraud and abuse by plaintiffs' lawyers; this abuse harms both alleged victims and the economy. Thankfully, Congress is taking action to address this by advancing the Furthering Asbestos Claim Transparency (FACT) Act, which passed out of the House Judiciary Committee yesterday. The bill, among other provisions, aims to shine a light on these trusts so that compensation goes to legitimate victims. Read More »

House Judiciary Committee Votes for Sunshine, Justice in Asbestos Litigation

February 16, 2017 | News and Blog

Some may think asbestos litigation is an "old" issue that's been on the wane. But this isn't so. Asbestos litigation continues to cost a fortune thanks, in large part, to rampant fraud and abuse. The asbestos trusts alone distribute more than a billion dollars each year. Read More »

Make Class Action Lawsuits Benefit People, Not Lawyers

February 16, 2017 | News and Blog

Lawyers, not consumers, are today the main beneficiaries of class actions – a lawsuit structure that was intended to make it easier for injured consumers sharing smaller claims to seek recourse as a group. Read More »

Asbestos Double-Dipping Bill Introduced

February 14, 2017 | News and Blog

Late last week Representative Blake Farenthold submitted the Furthering Asbestos Claim Transparency (FACT) Act (H.R. 906), that would increase transparency in the asbestos trust system, writes Legal Newsline. Read More »

In the News Today - February 14, 2017

February 14, 2017 | News and Blog

Plaintiffs increased their filing of new federal class action securities cases by 44% in 2016 as compared to 2015. Additionally, 56 percent of all filings in 2016 took place in the Ninth and Second Circuits Read More »

After 12 Years of "Chasing" Former AIG CEO, NY AG Settles Case for "Legal Equivalent of a Lousy T-shirt"

February 13, 2017 | News and Blog

In 2005, former state AG Eliot Spitzer started the civil fraud case against former AIG CEO Hank Greenberg as part of "his revenge campaign against Mr. Greenberg for daring to criticize his prosecutions against business," writes the Wall Street Journal. After 12 years of legal battles, Greenberg finally reached a $9 million settlement with current NY AG Eric Schneiderman. Read More »

In the News Today - February 13, 2017

February 12, 2017 | News and Blog

This month the Supreme Court will consider Blackman v. Gascho, a case full of "fake facts and an unfair lawyer windfall." Theodore Frank, head of CEI's Center for Class Action Fairness, writes that lack of uniformity in our courts has enabled trial lawyers to "dodge the courts that balk at alternative facts" and the Supreme Court's decision in Blackman v. Gascho may finally "right this wrong." Read More »

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