News & Blog

In the News Today - September 20, 2017

September 20, 2017 | Rebuke Of Bentham Deal May Chill Canada Class Suit Funding; NCAA Concussion Class Blasts $6M Fee Request

"Rickard, Roberts: Sensible reforms pull WV out of litigation wilderness"

September 20, 2017 | West Virginia's five spot jump in the newly released Lawsuit Climate Survey is a "serious accomplishment," said ILR President Lisa A. Rickard and West Virginia Chamber of Commerce President Steve Roberts in an op-ed in the Gazette Mail.

In the News Today - September 20, 2017

September 20, 2017 | News and Blog

Rebuke Of Bentham Deal May Chill Canada Class Suit Funding; NCAA Concussion Class Blasts $6M Fee Request Read More »

"Rickard, Roberts: Sensible reforms pull WV out of litigation wilderness"

September 20, 2017 | News and Blog

West Virginia's five spot jump in the newly released Lawsuit Climate Survey is a "serious accomplishment," said ILR President Lisa A. Rickard and West Virginia Chamber of Commerce President Steve Roberts in an op-ed in the Gazette Mail. Read More »

In the News Today - September 19, 2017

September 19, 2017 | News and Blog

Another View: Blame courts, Legislature for Pa. failing on jobs Read More »

"CFPB's Richard Cordray wants to replace arbitration with a broken class-action system"

September 19, 2017 | News and Blog

Institute for Legal Reform President Lisa A. Rickard penned an op-ed this morning in the Washington Examiner, calling for passage of the Fairness in Class Action Litigation Act (FICALA) after the Consumer Financial Protection Bureau issued its anti-arbitration rule. 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 »

In the News Today - September 18, 2017

September 18, 2017 | News and Blog

Study: Delaware losing edge as leading corporate litigation; Consumer advocates and banking groups size up undecided Sen. Kennedy in battle over class-action lawsuit restrictions Read More »

"Thinking About the Growth of Third-Party Litigation Financing"

September 18, 2017 | News and Blog

As the litigation funding industry continues to grow, it's time to answer a simple question, says Kevin LaCroix of the D&O Diary: "What are the implications?" Read More »

In the News Today - September 15, 2017

September 15, 2017 | News and Blog

Law firm wants to bring Bentham-funded ‘class action' in Channel Islands Read More »

DOJ Official Says Corporate Prosecution Policy is Under Review

September 15, 2017 | News and Blog

Deputy Attorney General Rod Rosenstein said there "may be some change" on the Department of Justice's corporate prosecution policy, according to POLITICO. Read More »

In the News Today - September 14, 2017

September 14, 2017 | News and Blog

8th Circ. Sets Standing Marker With Data Breach Rulings: The Eighth Circuit has furthered the "fractured standing landscape," after separate panels issued differing opinions on standing in data breach cases. Read More »

Lawsuit Climate Survey Serves as a "Wakeup Call" For Delaware

September 14, 2017 | News and Blog

Delaware's drop from perennial number one to 11th in ILR's 2017 Lawsuit Climate Survey: Ranking the States should serve as a "wakeup" call for the state, said ILR's Bryan Quigley to WHYY in Philadelphia. 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 »

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 »

Missouri's Leaders Work to Improve Lawsuit Climate as New Survey Shows State's Ranking has Slipped

September 12, 2017 | Press Release

WASHINGTON, D.C. - Missouri's lawsuit climate fell to 49th out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). The low ranking comes at the very time that Missouri's governor and legislature have passed significant legal reforms designed to fix the problem that the survey highlights. Read More »

Survey: Louisiana's Lawsuit Climate Ranked As Nation's Worst

September 12, 2017 | Press Release

WASHINGTON, D.C. - For the first time, Louisiana's lawsuit climate ranked 50th -- the worst in the nation -- according to a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Louisiana had ranked 49th in the four previous surveys. Read More »

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

September 12, 2017 | Press Release

WASHINGTON, D.C. - Kentucky's lawsuit climate ranked number 42 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). However, Gov. Matt Bevin and the state legislature have made tort reform a priority, passing key reforms that lay the groundwork for raising the state's rank in future surveys. This effort comes at a critical time-an all-time high 85 percent of survey participants said that a state's lawsuit environment is likely to impact their company's decisions about where to locate or expand. Read More »

Survey: Illinois' Lawsuit Climate Again Ranks Among Nation's Worst

September 12, 2017 | Press Release

WASHINGTON, D.C. - For the second time since 2015, Illinois' lawsuit climate ranked number 48 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Illinois has been in the bottom five states for the past decade. Read More »

Survey: Delaware Dethroned As Best State Lawsuit Climate

September 12, 2017 | Press Release

WASHINGTON, D.C. - After ranking as the top state in every previous survey, Delaware's lawsuit climate ranked number 11 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). South Dakota replaced Delaware as the top-ranked state. Read More »

Survey: California's Lawsuit Climate Again Ranks Among Nation's Worst

September 12, 2017 | Press Release

WASHINGTON, D.C. - For the third time since 2012, California's lawsuit climate ranked number 47 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). California has been in the bottom 10 states since the survey began in 2002. 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 »

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 »

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