News & Blog

In The News Today - August 18, 2017

August 18, 2017 | Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation.

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes.

In The News Today - August 18, 2017

August 18, 2017 | News and Blog

Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation. Read More »

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | News and Blog

Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes. Read More »

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 »

In the News Today - August 16, 2017

August 16, 2017 | News and Blog

Oral arguments will be heard next week in an appeal of a three-year-old decision that found lead paint in homes to be a "public nuisance." Ten California cities and counties sued three paint manufacturers in 2013. A Santa Clara Superior Court judge ruled in favor of the plaintiffs in 2014. Read More »

Spokeo Lawsuit Revived By 9th Circ.

August 16, 2017 | News and Blog

Fifteen months after the U.S. Supreme Court asked it to further examine whether the plaintiff suffered "concrete and particularized" injury, the 9th Circuit ruled unanimously for Thomas Robins in his online data suit against Spokeo, Inc., Reuters reports. Read More »

In The News Today - August 15, 2017

August 15, 2017 | News and Blog

The U.S. Department of Labor told a Minnesota federal court that it submitted proposed amendments to three exemptions to the Office of Management and Budget. Among these amendments is an "extension of transition period and delay of applicability dates" that will push implementation back from January 1, 2018 to July 1, 2019. The final rule was released in April 2016. 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 18, 2017

August 18, 2017 | News and Blog

Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation. Read More »

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | News and Blog

Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes. Read More »

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 »

In the News Today - August 16, 2017

August 16, 2017 | News and Blog

Oral arguments will be heard next week in an appeal of a three-year-old decision that found lead paint in homes to be a "public nuisance." Ten California cities and counties sued three paint manufacturers in 2013. A Santa Clara Superior Court judge ruled in favor of the plaintiffs in 2014. Read More »

Spokeo Lawsuit Revived By 9th Circ.

August 16, 2017 | News and Blog

Fifteen months after the U.S. Supreme Court asked it to further examine whether the plaintiff suffered "concrete and particularized" injury, the 9th Circuit ruled unanimously for Thomas Robins in his online data suit against Spokeo, Inc., Reuters reports. Read More »

In The News Today - August 15, 2017

August 15, 2017 | News and Blog

The U.S. Department of Labor told a Minnesota federal court that it submitted proposed amendments to three exemptions to the Office of Management and Budget. Among these amendments is an "extension of transition period and delay of applicability dates" that will push implementation back from January 1, 2018 to July 1, 2019. The final rule was released in April 2016. 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 »

U.S. Chamber Report: New York Asbestos Court's Rules Are Ripe For Exploitation By Plaintiffs' Lawyers

August 03, 2017 | Press Release

A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows rules that recently took effect at the New York County Asbestos Litigation (NYCAL) unit are prone to exploitation by plaintiffs' lawyers and could hurt future asbestos claimants. Read More »

Survey: Rx Drug Lawsuit Ads Could Scare Millions Out Of Taking their Medications

June 22, 2017 | Press Release

One in four Americans taking certain prescribed medicines say they would stop taking them immediately-without consulting their doctor-after seeing ads promoting lawsuits against the drugs' manufacturers, according to a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Read More »

U.S. Chamber Report: Ohio Law to Curb "Double Dip" Asbestos Claims Ensures Fairness Without Burdening Plaintiffs

May 04, 2017 | Press Release

A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights how Ohio's asbestos trust transparency law has been effective at discouraging fraud and abuse without compromising the interests of plaintiffs. Ohio enacted its law in 2013 to prevent plaintiffs' lawyers from gaming the asbestos litigation system by making inconsistent claims in asbestos lawsuits and before asbestos bankruptcy trusts. Read More »

U.S. Chamber Commends West Virginia Governor for Passing Legislation to Curb Frivolous Lawsuits

April 24, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 563 to reduce frivolous lawsuits and improve the business climate in the state of West Virginia. The bill was signed by Gov. James Justice on April 24. Read More »

U.S. Chamber Commends Missouri Governor for Signing Legislation to Improve Expert Evidence Standards

March 28, 2017 | Press Release

Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of H.B. 153 to address expert evidence standards and ensure junk science is kept out of courts in the state of Missouri. The bill was signed by Gov. Eric Greitens on March 28th. Read More »

U.S. Chamber Report: Class Action Litigation Systems in Europe Are Open to Abuse

March 21, 2017 | Press Release

A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows collective redress litigation models, known as class actions in the U.S., are proliferating across Europe, but the systems are developing without safeguards to protect consumers and employers. Read More »

U.S. Chamber Applauds Kentucky Legislature for Continued Commitment to Legal Reform

March 20, 2017 | Press Release

Harold Kim, Executive Vice President of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 4 addressing medical liability, and H.B. 233 addressing post-judgment interest rate reform. Both bills were signed by Gov. Matt Bevin on March 16th and will become law on June 14th. Read More »

U.S. Chamber Hails South Dakota for Joining Chorus of States, Congress in Combatting Asbestos Fraud

March 15, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, made the following statement today on South Dakota's enactment of S.B. 138. Read More »

U.S. Chamber: House-Passed Lawsuit Abuse Reduction Act Will Curb Plaintiffs' Lawyer Gaming of Justice System

March 10, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the passage of the "Lawsuit Abuse Reduction Act of 2017" (H.R. 720) by the U.S. House of Representatives. Read More »

U.S. Chamber Commends House Passage of Innocent Party Protection Act

March 09, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the passage of the "Innocent Party Protection Act of 2017" (H.R. 725) by the U.S. House of Representatives. Read More »

On the Edge: New York County Asbestos Litigation at a Tipping Point

Author: James L. Stengel and C. Anne Malik, Orrick, Herrington & Sutcliffe LLP | August 03, 2017 | Research

This report examines the history and current state of the New York County Asbestos Litigation (NYCAL) unit of New York City's state trial court. The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the Revised Case Management Order, absent fresh judicial interpretation and methods of implementation that correct current problems. Read More »

The ILR Research Review - Spring 2017

May 08, 2017 | Research

This edition of the ILR Research Review offers valuable insights from ILR's recent research on the latest trends in litigation and the tactics and strategies entrepreneurial plaintiffs' firms are using to expand their business models and bring more lawsuits in local, state, federal, and international courts. Read More »

Watching it Work: The Impact of Ohio's Asbestos Trust Transparency Law on Tort Litigation in the State

Author: Maryellen K. Corbett and Matthew M. Mendoza, Calfee, Halter & Griswold LLP | May 04, 2017 | Research

This report analyzes the impact that Ohio's 2013 asbestos trust transparency law has had on asbestos tort litigation in the state and concludes that trust transparency reforms appear to have accomplished the goal of ensuring transparency and fairness without causing delays in case resolution. Read More »

Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

Author: Divonne Smoyer and Kimberly Chow, Reed Smith LLP | April 19, 2017 | Research

As data breaches are becoming more commonplace, the plaintiffs' bar is engineer a staggering expansion of liability in the areas of privacy and data security. Class action lawyers are pursuing data privacy cases and amassing fortunes even where no one has been harmed. This paper examines the data privacy and security legal landscape, plaintiffs' bar tactics, major cases and settlements, and a suggested framework for reform. Read More »

Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies

Author: Cary Silverman, Phil Goldberg & Jonathan Wilson, Shook, Hardy & Bacon L.L.P. | March 29, 2017 | Research

Torts of the Future examines the emerging technology sectors of autonomous vehicles, commercial drones, private space exploration, the "sharing economy," and the Internet of Things, and assesses the existing regulatory and litigation environments and future liability trends for each. The paper also draws from experience in each area to present guiding principles for addressing the liability and regulatory implications of emerging technologies. Read More »

The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States

Author: Ken Daly, Sidley Austin LLP | March 21, 2017 | Research

This paper examines the 'state of play' of collective redress in 10 Member States in the EU and suggests minimum necessary safeguards to prevent litigation abuse taking hold in Europe. Read More »

The Food Court: Trends in Food and Beverage Class Action Litigation

Author: Cary Silverman and James Muehlberger, Shook, Hardy & Bacon L.L.P. | February 24, 2017 | Research

This paper examines the emerging litigation trends in the food and beverage industry and makes concrete recommendations for reforms, outlining the role that the courts, legislatures, and regulatory agencies all have in restoring common sense to food class action litigation. Read More »

Covering the Contractors: The Current State of the Government Contractor Defense

Author: John B. Bellinger III, Reeves Anderson, and Sally Pei, Arnold & Porter LLP | February 06, 2017 | Research

This research examines the current state of the government contractor defense, the role of the federal government in litigation against contractors, and some of the questions that still need to be addressed by the courts. Read More »

The ILR Research Review - Winter 2016

December 28, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on the increasing use of contingency fee counsel by local governments, asbestos "double dipping," trends in trial lawyer drug and device advertising, and the public's views on data privacy liability and legal reform issues. Read More »

Disconnects & Double-Dipping: The Case for Asbestos Bankruptcy Trust Transparency in Virginia

Author: Mark A. Behrens, Shook, Hardy & Bacon L.L.P. | December 06, 2016 | Research

This report highlights the disconnect between asbestos bankruptcy trust and asbestos personal injury lawsuit systems by examining Garlock and other cases that expose the widespread asbestos trust manipulation and specifically looks at trust claim activity in wrongful death cases in Newport News, Virginia. Read More »

U.S. Chamber of Commerce President Thomas J. Donohue's Remarks at the 12th Annual Legal Reform Summit

October 26, 2011 | Video

At the 12th Annual Legal Reform Summit on October 26, 2011, Thomas J. Donohue, President and Chief Executive Officer of the U.S. Chamber of Commerce, delivered these special remarks. He was introduced by Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform. Watch »

Trends We Don't Want To Continue: A Look at the Latest Lawsuits and Theories from The Trial Bar

October 26, 2011 | Video

This panel at the 12th Annual Legal Reform Summit on October 26, 2011 spotlighted litigation trends in a variety of areas such as asbestos and the use of civil conspiracy, transnational torts, and the use of outside contingency fee counsel by certain state attorneys general in recent litigation. Watch »

Speaking Out: Small Businesses, Schools, and Communities Victimized by Lawsuit Abuse

Author: Brian Quigley | December 22, 2010 | Video

Sitting in the defendant's chair can be a nightmare scenario for any small business owner. So imagine the toll of sitting in that seat over and over . . . and over. That's not a hypothetical for the folks at Peachtree Pest Control - it's a terrible reality. Watch »

Lawsuits Take School's Swing Sets Away From Kids

Author: Mike Lepage | December 17, 2010 | Video

Everyone has favorite childhood memories. For many people, those memories include rolling down slides, dangling off of monkey bars and swinging on swing sets at their local neighborhood playground. But elementary school students in Cabell County, West Virginia, may miss out on some of those childhood pleasures. That is because the county's school system has decided to remove swing sets from all school playgrounds, due to lawsuit fears. Their story is featured as part of the U.S. Chamber Institute for Legal Reform's Faces of Lawsuit Abuse campaign. Watch »

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