Federal

The federal government and the states each play an important role in addressing the problem of lawsuit abuse. While for the past several years most legal reform activity has occurred at the state level, with states enacting several effective, high-profile reforms, many important legal reforms have also been enacted and implemented at the federal level. With the changing political landscape, an increase in legal reform action at the federal level can be expected. 

Congress is currently considering a number of important legal reform proposals that would help restore balance to America's civil justice system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, protecting innocent parties from being unfairly or fradulently joines into a lawsuit, class action and multi-district litigation 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, federal courts, and 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

In the News Today - August 17, 2017

August 17, 2017 | News and Blog

UK Litigation Funder Woodsford Puts $20M Toward Lewis Baach: Litigation funding firm Woodsford Litigation Funding, which opened its first U.S. office less than a month ago, announced a $20 million investment deal with Lewis Baach Kaufmann Middlemiss. A joint statement said that the agreement allows Lewis Baach to use the funds in any jurisdiction. Read More »

Inconsistent Data Breach Rulings Raises Chances of SCOTUS Consideration

August 17, 2017 | News and Blog

Circuit courts appear to be split on whether the fear of damage from a potential data breach gives plaintiffs standing to bring a putative class action lawsuit. Experts say this raises the chances the U.S. Supreme Court would consider the issue, writes Business Insurance. Read More »

7th Circ. Halves Attys' Fees In Sears Washer Class Action

August 15, 2017 | News and Blog

The Seventh Circuit drastically cut the award to six law firms that worked on a class action against Sears and Whirlpool over malfunctioning washing machines, according to Law360. The judge said the fees needed to be closer to the amount awarded to the class. Read More »

In the News Today - August 14, 2017

August 14, 2017 | News and Blog

Republicans for Richard Cordray: The Wall Street Journal Editorial Board published their view on the Congressional Review Act that would repeal the CFPB's anti-arbitration rule. The editorial singled out the Trump administration for not firing CFPB Director Cordray, as well as Republican Senators like Lindsey Graham as major roadblocks holding up the legislation. Read More »

Yates Memo Altered Cos.' Response To Probes, Panelists Say

August 14, 2017 | News and Blog

A panel at the American Bar Association's annual meeting said former Deputy Attorney General Sally Yates' instruction to pursue individual actors has had a greater effect on the companies being probed, rather than the officials conducting the investigation. Read More »

"It"s Time for the Asbestos Trusts to Do What's Right"

August 10, 2017 | News and Blog

Asbestos litigation, the longest-running mass tort in U.S. history, is well into its fourth decade, and shows no signs of abating soon, writes The Hill. Asbestos litigation bankrupted most of the main producers and manufacturers of the "magic mineral," leading to the creation of special asbestos trusts to pay people injured by asbestos products. From 2006 through 2012, these asbestos trusts paid more than $15 billion settlements. Read More »

In the News Today - August 10, 2017

August 10, 2017 | News and Blog

U.S. law firm Quinn Emmanuel wanted to sue MasterCard for 14 billion British pounds on behalf of roughly 70 percent of the U.K. population, which was supposedly overcharged over a 16-year period due to MasterCard's interchange-fee policy. A U.K. court did the logical thing and rejected the case. Read More »

In the News Today - August 9, 2017

August 08, 2017 | News and Blog

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit shot down a National Labor Relations Board ruling that would have forced Convergys Corp. to get rid of arbitration agreements. Read More »

New ILR Report Says Asbestos Docket Rules Tilt Field Toward Plaintiffs

August 08, 2017 | News and Blog

As a Manhattan appeals court prepares to hear a challenge against a new case management order for New York City's asbestos docket, the U.S. Chamber of Commerce's tort reform arm has waded into the fight, arguing in a new report that the changes will tip the scales in plaintiffs' favor, writes the New York Law Journal. Read More »

In the News Today - August 8, 2017

August 08, 2017 | News and Blog

In another shot fired at the CFPB, the Republican staff of the House Financial Services Committee says there is sufficient evidence to hold Director Richard Cordray in contempt of Congress for failing to comply with a committee subpoena for records dealing with the agency's arbitration rule. Read More »

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