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 - June 22, 2016

December 31, 1969 | News and Blog

Between July 2014 and September 2015, a single Chicago attorney filed more than 500 Illinois False Claims Act suits in Cook County Circuit Court against out-of-state liquor sellers, 201 of which were dismissed by a judge. Read More »

WSJ Editorial Rips CFPB for Misreporting Arbitration Study

December 31, 1969 | News and Blog

The Wall Street Journal rips the Consumer Financial Protection Bureau (CFPB) for misreporting the results of the agency's own study in its bid to outlaw consumer arbitration. Read More »

Putting an End to Federal Settlement ‘Slush Funds’

December 31, 1969 | News and Blog

As federal enforcers have logged increasingly large settlements during the past several years, a growing spotlight has been shone on what happens with settlement money. As it turns out, some of these enforcers are using settlements to fund groups whose activities further the policy (or in some instances, the personal) goals of agency officials. Read More »

Madison County's Share of Non-Local Asbestos Lawsuits Grows

December 31, 1969 | News and Blog

In Madison County (IL) courts, the more things change, the more they . . . get worse? That's the only plausible conclusion from a recent Madison-St. Clair Record analysis of asbestos cases in the notorious legal jurisdiction. Read More »

Tennessee Joins Ranks of States with Law to Fight Asbestos Fraud

Author: Harold Kim, Executive Vice President U.S. Chamber Institute for Legal Reform | December 31, 1969 | News and Blog

Last week, Tennessee joined a growing number of states that have passed laws to combat asbestos fraud. Tennessee's new law aimed at stopping plaintiffs' lawyer ‘double dipping' - seeking money from multiple asbestos trusts in addition to bringing a lawsuit, all on behalf of the same individual - is a significant step toward fighting asbestos lawsuit abuse. Read More »

State Allies Series: Q&A with the Institute for Advancement of the American Legal System

December 31, 1969 | News and Blog

Colorado has it all, from skiing in Aspen to hiking in the Garden of the Gods. Here to make sure that state and federal civil justice systems also have it all is the University of Denver-based Institute for the Advancement of the American Legal System (IAALS). The organization is a national, nonpartisan research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system. Read More »

ILR Report Reveals Troubling Inconsistencies in Garlock Trust Claims

December 31, 1969 | News and Blog

The Garlock Sealing Technologies bankruptcy in 2010 revealed just how egregious the abuse is in the current asbestos bankruptcy trust system. Read More »

In the News Today - October 6, 2015

December 31, 1969 | News and Blog

The New York Times' Peter J. Henning examines the constitutional challenges to the U.S. Securities and Exchange Commission's use of in-house judges. "Until the appeals courts finally reach the constitutional questions, the uncertainty surrounding the S.E.C.'s administrative proceedings will persist." (New York Times) Read More »

Review: Barrett Book Details the 'Dark Side' of Ecuador Litigation Vs. Chevron

December 31, 1969 | News and Blog

Writing on Fox News Latino, Ezequiel Vázquez-Ger offers a new analysis of BusinessWeek journalist Paul Barrett's new book about the Chevron-Ecuador legal battle, "Law of the Jungle." Read More »

In The News Today - August 7, 2014

December 31, 1969 | News and Blog

In a decision made public on Wednesday, U.S. District Judge Otis Wright said that per a federal law governing the wind-down of failed banks, the City of Los Angeles could not hold JPMorgan responsible for the lending practices of its subsidiary, Washington Mutual Inc., over the city's allegations regarding the company's sale of mortgages in minority communities. Read More »

In the News Today - May 22, 2014

December 31, 1969 | News and Blog

States are rewriting their laws to make it more difficult for so-called "patent trolls" to pursue small businesses over questionable patent claims. 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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