News & Blog

In the News Today - January 19, 2018

January 19, 2018 | Fla. Voters Want to Reform AOB System, Fla. Chamber Poll Finds; Report: Employment-Related Class Action Settlements Skyrocketed in 2017

Defense Lawyer: Subway 'Footlong' Lawsuit May Have Long-Term Impact

January 19, 2018 | While most of the legal community was focused on the landmark Bristol-Myers Squibb jurisdiction case, a Porter Wright Morris & Arthur lawyer said in Law360 the Seventh Circuit's Subway ‘Footlong' decision may also "have an outsized effect" on product liability cases.

In the News Today - January 19, 2018

January 19, 2018 | News and Blog

Fla. Voters Want to Reform AOB System, Fla. Chamber Poll Finds; Report: Employment-Related Class Action Settlements Skyrocketed in 2017 Read More »

Defense Lawyer: Subway 'Footlong' Lawsuit May Have Long-Term Impact

January 19, 2018 | News and Blog

While most of the legal community was focused on the landmark Bristol-Myers Squibb jurisdiction case, a Porter Wright Morris & Arthur lawyer said in Law360 the Seventh Circuit's Subway ‘Footlong' decision may also "have an outsized effect" on product liability cases. Read More »

In the News Today - January 18, 2018

January 18, 2018 | News and Blog

New Book Says Multidistrict Litigation Becoming 'More and More Deplorable'; Man Concludes Six-Figure Run By Settling 31st TCPA Lawsuit Read More »

ILR's Rickard: "ALI Shouldn't Inject Opinion" into Restatements

January 18, 2018 | News and Blog

In a National Law Journal op-ed, U.S. Chamber Institute for Legal Reform President Lisa A. Rickard said the American Law Institute (ALI) has "drifted from its mission to state what the law is and moved toward advocating what certain ALI members think the law should be." Read More »

In the News Today - January 17, 2018

January 17, 2018 | News and Blog

Workplace Class Actions Soared in 2017; Windshield Replacement Anti-Fraud Proposal Clears First Senate Hurdle Read More »

2nd Circ. Offers Clarity on Shareholder Class Actions

January 17, 2018 | News and Blog

The Second Circuit ruled yesterday that a judge applied the wrong standard of proof when certifying a shareholder class action, which could help clarify the standard needed to "rebut allegations that a company's misstatements directly impacted its stock price," writes Law360. Read More »

New Jersey Enacts Foreign Judgment Recognition Reform Law

January 16, 2018 | News and Blog

On Monday, New Jersey enacted a law to ensure that its courts do not enforce fraudulent or abusive legal judgments made by foreign courts. Read More »

In the News Today - January 16, 2018

January 16, 2018 | News and Blog

Lawmakers square off over profitable cottage industry; The Latest on Third-Party Litigation Financing Read More »

Fla. Official: Assignment of Benefits Abuse a "Category Five Hurricane"

January 16, 2018 | News and Blog

The Florida Chief Financial Officer said unchecked assignment of benefits abuse "is literally a category five hurricane that would financially cripple the state," reports WTSP Tampa Bay. Read More »

Florida House Goes 1-for-2 on Much-Needed Legal Reform

January 12, 2018 | News and Blog

The Florida House of Representatives passed two pieces of legislation today that could have big implications for the state's economy. One of those measures should be advanced immediately. The other still needs work. Read More »

ILR's Kim Weighs in on Efforts to Reform Delaware's Abandoned Property Program

May 19, 2014 | News and Blog

Legislation was recently introduced in Delaware that would, "disallow commission-based contracting for escheat (abandoned or unclaimed property). Read More »

Buckyballs Creator Fought the Law, and the Law Won (Sort of)

May 19, 2014 | News and Blog

For several years, we have been following the story of Craig Zucker, cofounder of a company that produced "Buckyballs" (tiny magnet desk toys). Back in 2012, the Consumer Product Safety Commission (CPSC) ordered a recall of Zucker's product because of an alleged danger to children. Read More »

In The News Today - May 19, 2014

May 19, 2014 | News and Blog

"Losing a shareholder lawsuit to a company could soon become more expensive," writes Liz Hoffman of The Wall Street Journal. Hoffman reports on the Delaware Supreme Court's recent decision to uphold, "a corporate bylaw that requires the losing party in litigation against the company to pay the winner's legal fees." Read More »

Louisiana House Passes "Legacy Lawsuits" Reform Bill

May 16, 2014 | News and Blog

The (Baton Rouge) Advocate reports that the Louisiana House of Representatives passed legislation that, "would clarify procedures and would generate more environmental cleanup - prior to costly litigation - of long ago oil and gas activities." Read More »

In the News Today - May 16, 2014

May 16, 2014 | News and Blog

Judge George Hodges in Charlotte, NC has stayed the order on access to Rule 2019 findings in the Garlock Technology Sealings bankruptcy case, as an appeal by the Official Committee of Asbestos Personal Injury Claimants is still pending. Read More »

In The News - May 15, 2014

May 15, 2014 | News and Blog

Andrew Pincus, partner, Mayer Brown, writes in The American Lawyer, "Three years after the U.S. Supreme Court rejected a key challenge to mandatory arbitration agreements in AT&T Mobility v. Concepcion, the legal rules favoring enforcement of arbitration provisions are fairly settled. Now, with their options dwindling in the courts, arbitration's opponents are shifting their efforts to the policy arena. Read More »

Washington Examiner Editorializes on Garlock Decision, Need to Pass FACT Act

May 15, 2014 | News and Blog

In an editorial entitled, "Judge finds pervasive fraud by trail lawyers in asbestos litigation," The Washington Examiner today highlights the Garlock decision and the need to pass the Furthering Asbestos Claim Transparency (FACT) Act of 2014, the Senate version of which was introduced this week by Sen. Jeff Flake (R-AZ). Read More »

Arbitration Three Years After Concepcion

Author: Andrew Pincus | May 15, 2014 | News and Blog

Three years after the U.S. Supreme Court rejected a key challenge to mandatory arbitration agreements in AT&T Mobility v. Concepcion, the legal rules favoring enforcement of arbitration provisions are fairly settled. Now, with their options dwindling in the courts, arbitration's opponents are shifting their efforts to the policy arena. Read More »

In the News Today - May 14, 2014

May 14, 2014 | News and Blog

ILR President Lisa A. Rickard was quoted in The Examiner, Business Insurance, and the Herald Online about the U.S. Senate introduction of the Furthering Asbestos Claim Transparency (FACT) Act of 2014 (S. 2319). Click here to read ILR's statement on the legislation. Read More »

Wisconsin: Capital of Common Sense

Author: Lisa Rickard | May 14, 2014 | News and Blog

During the current decade, Governor Walker and lawmakers have mindfully enacted bold legal reforms in Wisconsin-a major reason Walker feels confident in his push to create more jobs and job security in his state. Read More »

In the News Today - May 13, 2014

May 13, 2014 | News and Blog

Law360 reports on Senator Jeff Flake's (R-AZ) introduction of the FACT Act in the U.S. Senate, and features a statement from ILR President, Lisa A. Rickard. Read More »

Lawsuit Claiming Consumer was "Deceived" About Sugar in Jelly Beans Named Most Ridiculous of 2017

December 21, 2017 | Press Release

Annual List of Top 10 Most Ridiculous Lawsuits Released Today Read More »

Study: Rx Drug Lawsuit Ads Cause Spike in Reports of Patient Health Incidents, Deaths

October 25, 2017 | Press Release

WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuit ads targeting prescription drugs and medical devices have caused at least 61 serious medical events -- including six deaths -- an increase from previous reports. Read More »

U.S. Chamber Announces 2017 Legal Reform Award Winners

October 25, 2017 | Press Release

WASHINGTON, D.C. -- The U.S. Chamber Institute for Legal Reform (ILR) today announced its 2017 Legal Reform Award winners at its 18th Annual Legal Reform Summit. Read More »

U.S. Chamber Applauds Senate Vote to Undo CFPB's Arbitration Rule

October 24, 2017 | Press Release

WASHINGTON, D.C. -- U.S. Chamber President and CEO Thomas J. Donohue issued the following statement today following U.S. Senate passage of H.J. Res. 111, disapproving of the Consumer Financial Protection Bureau's (CFPB) arbitration rule... Read More »

U.S. Chamber Praises House Passage of Legislation to Bar Federal Agencies from Diverting Settlement Money to Third-Parties

October 24, 2017 | Press Release

WASHINGTON, D.C. -- Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today following the U.S. House of Representatives vote to pass the "Stop Settlement Slush Funds Act of 2017," (H.R. 732): ... Read More »

Survey: Georgia's Lawsuit Climate Ranking Hits All-Time Low

September 18, 2017 | Press Release

WASHINGTON, D.C. - In its worst showing ever, Georgia's lawsuit climate ranked number 40 out of 50 in a new national survey recently released by the U.S. Chamber Institute for Legal Reform (ILR). Just five years ago, Georgia ranked number 24 in the same survey. Read More »

Survey: 85 Percent of Businesses Say State Lawsuit Climates Impact Decisions on Expansion, Growth

September 12, 2017 | Press Release

WASHINGTON, D.C. - An all-time high 85 percent of senior business executives at major U.S. companies say a state's lawsuit environment is likely to impact decisions about where to locate or expand their business, according to the U.S. Chamber Institute for Legal Reform's (ILR) new 2017 Lawsuit Climate Survey: Ranking the States. Read More »

New Lawsuit Climate Survey Shows Tort Reform Working in West Virginia

September 12, 2017 | Press Release

WASHINGTON, D.C. - In its best showing ever, West Virginia's lawsuit climate ranking improved by five places in 2017, from 50th to 45th in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Before today's release, West Virginia had never ranked higher than 49th in the 10 previous surveys spanning 15 years. Read More »

Survey: Pennsylvania's Lawsuit Climate Ranking Stuck in Nation's Bottom Tier

September 12, 2017 | Press Release

WASHINGTON, D.C. - Pennsylvania's lawsuit climate ranked 37th out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Read More »

Survey: New Jersey's Lawsuit Climate Ranking Hits All-Time Low

September 12, 2017 | Press Release

WASHINGTON, D.C. - In its worst showing ever, New Jersey's lawsuit climate ranked number 41 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). In 2006, New Jersey ranked number 25 in the same survey. Read More »

West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

January 10, 2018 | Research

West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress. Read More »

ILR Research Review - Fall 2017

November 30, 2017 | Research

This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More »

Unstable Foundation: Our Broken Class Action System and How to Fix It

October 24, 2017 | Research

Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct. Read More »

Collective Redress Tourism: Preventing Forum Shopping in the EU

October 24, 2017 | Research

The EU is experiencing a wave of new "collective redress" or "class action" mechanisms being introduced in the Member States. However, there is little consistency across the EU regarding when or how actions may be brought, and the features Read More »

Bad for Your Health: Lawsuit Advertising Implications and Solutions

October 24, 2017 | Research

This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits Read More »

Recipe for Reform: A Proposal for Improving Canadian Class Action Procedures

October 24, 2017 | Research

There are serious concerns that many aspects of and developments in the class action regimes in Canada impose unwarranted burdens on defendants and the courts, at the ultimate expense of shareholders, taxpayers and consumers. Read More »

Supporting Safeguards: EU Consumer Attitudes Towards Collective Actions and Litigation Funding

September 27, 2017 | Research

As the Commission of the European Union prepares to make a significant policy decision on collective actions (known as class actions in the United States), it is important to assess how European consumers feel about the development of these mechanisms. This survey captured 6,177 consumers in six EU Member States Read More »

2017 Lawsuit Climate Survey: Ranking the States

September 12, 2017 | Research

The 2017 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by Harris Poll to explore how fair and reasonable the states' liability systems are perceived to be by U.S. businesses. Read More »

101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice - FIFTH EDITION 2017

September 12, 2017 | Research

A user's guide to state legal reforms, providing policymakers with a compendium of options available to foster a sound legal system and promote state economies. This resource also offers a compilation of recently-enacted legal reforms to show how legislators can move the proposals described in the guide from theory into practice. Read More »

TCPA Litigation Sprawl: A Study of the Sources and Targets of Recent TCPA Lawsuits

Author: Becca Wahlquist, Snell & Wilmer LLP | August 31, 2017 | Research

TCPA Litigation Sprawl is a macro-level analysis of Telephone Consumer Protection Act (TCPA) litigation that reviews all TCPA federal complaints and a segment of electronically-available state complaints from a 17-month period after the Federal Communications Commission's (FCC) issued its July 2015 Omnibus Declaratory Ruling. Read More »

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