News & Blog

In the News Today - August 17, 2017

August 17, 2017 | 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.

Inconsistent Data Breach Rulings Raises Chances of SCOTUS Consideration

August 17, 2017 | 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.

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 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 »

State Attorneys General Taking An "Ever-Increasing Role" in Regulation

August 09, 2017 | News and Blog

State attorneys general have taken on an ever-increasing role in consumer protection, often banding together to form multistate committees that investigate companies, writes The Recorder. Read More »

In the News Today - November 11, 2013

November 11, 2013 | News and Blog

The Ecuadorian judge who presided over a $19 billion verdict against Chevron was given a pop-quiz on the judgment and had trouble recalling the details. The company alleges it is because a majority of the verdict was written by the plaintiffs' lawyers who sued Chevron, but the judge claims it is due to the passage of time. Read More »

FACT Act Preserves Money for Future Asbestos Victims

Author: Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform | November 11, 2013 | News and Blog

In 1994, Congress amended the bankruptcy code allowing for the creation of giant asbestos bankruptcy trusts for the benefit of asbestos victims. Read More »

A Proposal for Higher Costs & More Lawsuits

November 11, 2013 | News and Blog

On Friday, the Food and Drug Administration released a draft regulation that would allow generic drug makers to change warning labels on their products. Read More »

In the News Today - November 8, 2013

November 08, 2013 | News and Blog

Australian Attorney-General George Brandis criticized the involvement of law firms in companies that finance class actions, saying the arrangements give rise to unavoidable moral hazards and conflicts of interest. Read More »

Beware the Lawsuit Industry's 'Naked Gun' Campaign to Fight the FACT Act

Author: Lisa A. Rickard | November 08, 2013 | News and Blog

It's time to end the abuse. It's time to pass the FACT Act. Read More »

Lawyers Can't Take $1 Million in Fees When Clients Get Nothing

November 07, 2013 | News and Blog

A federal judge has refused to approve a class action settlement that would have given the lawyers nearly $1 million in fees while requiring class members to waive any right to class-wide damages. The judge originally approved the deal, but changed his mind after hearing objections from Ted Frank's Center for Class Action Fairness. Read More »

In the News Today - November 7, 2013

November 07, 2013 | News and Blog

Next week, the House is scheduled to hear two tort reform bills. The FACT Act would require greater transparency of asbestos bankruptcy trusts, and the Lawsuit Abuse Reduction Act would limit frivolous lawsuits in federal court. Read More »

Congress Takes Up Skyrocketing Costs of E-Discovery

November 06, 2013 | News and Blog

A Congressional hearing looked at possible reforms that are intended to reduce the time and cost of civil litigation. Read More »

In the News Today - November 6, 2013

November 06, 2013 | News and Blog

Citing the precedent set by the Supreme Court's decision in American Express v. Italian Colors, the Sixth Circuit ruled that a plaintiff cannot bring a class arbitration against LexisNexis. Read More »

Lawsuit Abuse Jeopardizes Lousiana's Bright Energy Future

Author: Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform | November 05, 2013 | News and Blog

Louisiana has long been a center of the oil and gas industry. Unfortunately, this bright future is being clouded by Louisiana's poor lawsuit climate. Read More »

In the News Today - November 5, 2013

November 05, 2013 | News and Blog

Johnson & Johnson agreed to pay $2.2 billion to settle a DOJ investigation into the marketing of its antipsychotic drug Risperdal. 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 »

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