News & Blog

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002."

In the News Today - April 28, 2017

April 28, 2017 | Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms.

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | News and Blog

A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002." Read More »

In the News Today - April 28, 2017

April 28, 2017 | News and Blog

Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms. Read More »

"Frequent TCPA Lawyer" Settles Lawsuits

April 27, 2017 | News and Blog

Forbes/Legal Newsline reports that a lawsuit between a "prolific plaintiffs' lawyer" and a defendant accusing him and his plaintiff of manufacturing lawsuits has been settled. Read More »

In the News Today - April 27, 2017

April 27, 2017 | News and Blog

A recent ruling from the Texas Supreme Court in USAA Texas Lloyds C. v. Menchaca, set forth five rules addressing the relationship between contract claims under an insurance policy and tort claims under the Texas Insurance Code. Read More »

California Judge "Dares Plaintiffs' Lawyers to Go After Clients for Fees"

April 26, 2017 | News and Blog

Earlier this week, U.S. District Judge Charles Breyer denied motions by 244 plaintiffs' lawyers who wanted Volkswagen to pay them for the time they spent on the clean diesel case, writes Reuters. Read More »

In the News Today - April 26, 2017

April 26, 2017 | News and Blog

Yesterday the Senate confirmed Maryland U.S. Attorney Rod Rosenstein as the deputy attorney general in a bipartisan vote. Rosenstein, who with 11 years on the job is the longest-serving U.S. attorney, has worked for both Republican and Democratic administrations. He took on his current role after unanimous Senate confirmation in July 2005, but his tenure with the DOJ dates back to 1990. Read More »

Supreme Court Has Opportunity to "Upend" Trial Lawyer Litigation Tourism, A Direct "Violation of Federalism and Due Process"

April 25, 2017 | News and Blog

Today, in Bristol Meyers Squibb v. Superior Court of California, the U.S. Supreme Court will consider whether some 600 plaintiffs who live outside California can sue Bristol Meyers Squibb, a New York based company, in California for alleged injuries related to the drug Plavix. Read More »

In the News Today - April 25, 2017

April 25, 2017 | News and Blog

Yesterday marks the start of the first bellwether trial over blood thinner Xarelto in New Orleans. Xarelto has "become the poster child for critics of unbridled plaintiffs' attorney advertising" because these ads invite meritless cases and the dire warnings put patients at risk by convincing them to stop taking their medications. Read More »

Lawsuits Cost West Virginia

April 24, 2017 | News and Blog

As a West Virginia state legislator, Kayla Kessinger is no stranger to the debate surrounding the state's business and lawsuit climate. "In order to bring jobs into this state, we have to make West Virginia more competitive," Kessinger told Faces of Lawsuit Abuse. "And one of the biggest areas where we're lacking is in tort reform. 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 »

Time to Revisit the Yates Memo?

April 24, 2017 | News and Blog

Recent years within the Department of Justice (DOJ) have seen a notable shift in emphasis from "prosecutorial discretion to institutional incentives that drive a mercenary hunt for human scalps and colossal fines," writes Robert Bork Jr. in Forbes. Read More »

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | News and Blog

A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002." Read More »

In the News Today - April 28, 2017

April 28, 2017 | News and Blog

Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms. Read More »

"Frequent TCPA Lawyer" Settles Lawsuits

April 27, 2017 | News and Blog

Forbes/Legal Newsline reports that a lawsuit between a "prolific plaintiffs' lawyer" and a defendant accusing him and his plaintiff of manufacturing lawsuits has been settled. Read More »

In the News Today - April 27, 2017

April 27, 2017 | News and Blog

A recent ruling from the Texas Supreme Court in USAA Texas Lloyds C. v. Menchaca, set forth five rules addressing the relationship between contract claims under an insurance policy and tort claims under the Texas Insurance Code. Read More »

California Judge "Dares Plaintiffs' Lawyers to Go After Clients for Fees"

April 26, 2017 | News and Blog

Earlier this week, U.S. District Judge Charles Breyer denied motions by 244 plaintiffs' lawyers who wanted Volkswagen to pay them for the time they spent on the clean diesel case, writes Reuters. Read More »

In the News Today - April 26, 2017

April 26, 2017 | News and Blog

Yesterday the Senate confirmed Maryland U.S. Attorney Rod Rosenstein as the deputy attorney general in a bipartisan vote. Rosenstein, who with 11 years on the job is the longest-serving U.S. attorney, has worked for both Republican and Democratic administrations. He took on his current role after unanimous Senate confirmation in July 2005, but his tenure with the DOJ dates back to 1990. Read More »

Supreme Court Has Opportunity to "Upend" Trial Lawyer Litigation Tourism, A Direct "Violation of Federalism and Due Process"

April 25, 2017 | News and Blog

Today, in Bristol Meyers Squibb v. Superior Court of California, the U.S. Supreme Court will consider whether some 600 plaintiffs who live outside California can sue Bristol Meyers Squibb, a New York based company, in California for alleged injuries related to the drug Plavix. Read More »

In the News Today - April 25, 2017

April 25, 2017 | News and Blog

Yesterday marks the start of the first bellwether trial over blood thinner Xarelto in New Orleans. Xarelto has "become the poster child for critics of unbridled plaintiffs' attorney advertising" because these ads invite meritless cases and the dire warnings put patients at risk by convincing them to stop taking their medications. Read More »

Lawsuits Cost West Virginia

April 24, 2017 | News and Blog

As a West Virginia state legislator, Kayla Kessinger is no stranger to the debate surrounding the state's business and lawsuit climate. "In order to bring jobs into this state, we have to make West Virginia more competitive," Kessinger told Faces of Lawsuit Abuse. "And one of the biggest areas where we're lacking is in tort reform. Read More »

Time to Revisit the Yates Memo?

April 24, 2017 | News and Blog

Recent years within the Department of Justice (DOJ) have seen a notable shift in emphasis from "prosecutorial discretion to institutional incentives that drive a mercenary hunt for human scalps and colossal fines," writes Robert Bork Jr. in Forbes. Read More »

In the News Today - April 24, 2017

April 24, 2017 | News and Blog

The Florida legislature's effort to impose term limits on the state's supreme court and appellate court judges is a terrible idea that will downgrade and weaken Florida's judiciary. No other state has such draconian limitations on judicial terms, and for good reason. Simply put, term limits would push experience, independence, and institutional knowledge out of Florida's courtrooms. Read More »

Chamber Supports House Judiciary Committee Asbestos Litigation Reform Bill

March 15, 2000 | Press Release

WASHINGTON, D.C., March 16, 2000 - The United States Chamber of Commerce today called the House Judiciary Committee's passage of the Fairness in Asbestos Compensation Act (H.R. 1283) an important step toward resolving billions of dollars in compensation claims. The asbestos litigation reform bill is designed to speed settlements, unclog courts and restore a measure of predictability for affected companies. The proposal establishes federal authority to speed compensation to the hundreds of thousands of people physically harmed by asbestos. Read More »

Chamber Supports Keeping Binding Arbitration Current System Works to Settle Disputes Fairly

February 29, 2000 | Press Release

WASHINGTON, D.C., March 1, 2000 - The United States Chamber of Commerce called on Congress to maintain the current binding arbitration system for workplace disputes, in testimony before the Senate Judiciary Committee. Read More »

Chamber Says Product Liability Bill Restores Legal Fairness, Protects Small Business

February 15, 2000 | Press Release

WASHINGTON, D.C., Feb. 16, 2000 - Legislation passed by the House of Representatives today will reform product liability laws to protect small businesses from costly and frivolous lawsuits that could jeopardize their future, the United States Chamber of Commerce said. Read More »

Chamber Advocates Expanding Health Care Coverage Instead of Expanding Liability

February 09, 2000 | Press Release

WASHINGTON, D.C., Feb. 10, 2000 - The United States Chamber of Commerce today warned Congress that American workers want and need expanded access to health care coverage and greater benefits, not expanded access to attorneys and courtrooms. "It's simple health care economics 101: lawsuits equal higher costs, which equals less coverage," said Bruce Josten, Chamber executive vice president. "Three out of four workers now receive health care coverage through their jobs, but new government mandates and expanded liability risks will make doing so increasingly cost prohibitive." Read More »

Chamber Urges Review of Illinois Class Action Suit

January 23, 2000 | Press Release

WASHINGTON, D.C., Jan. 24, 2000 - The United States Chamber of Commerce warned that overly lenient state courts are becoming magnets for class action litigation, in an amicus brief filed today in the Supreme Court of Illinois on behalf of State Farm Mutual Automobile Insurance Company. State Farm was hit with a billion-dollar judgment after a state trial court certified a class action suit involving nearly five million plaintiffs in 48 states.< Read More »

Chamber Calls Trial Lawyer Political Contributions a Wake-Up Call for Business

January 23, 2000 | Press Release

WASHINGTON, D.C., Jan. 24, 2000 - The United States Chamber Institute for Legal Reform says a new website, "Tracking the Trial Lawyers," tracks how trial lawyers are pouring massive contributions into political campaigns to prevent the election of pro-legal reform candidates. Read More »

Class Action Reform Vital to Business Says United States Chamber of Commerce

September 22, 1999 | Press Release

WASHINGTON, D.C., Sept. 23, 1999 - The Interstate Class Action Jurisdiction Act currently before Congress is essential to address the frivolous lawsuits currently undermining both small and large businesses, according to the United States Chamber of Commerce. "This bill will stop abusive cases that trample the rights of defendants and do little more than line the pockets of unscrupulous trial lawyers," said U.S. Chamber of Commerce Executive Vice President Bruce Josten. "HR 1875 is bi-partisan lawmaking at its best." Read More »

Chamber of Commerce Endorses House Action on Class Action Reform

September 22, 1999 | Press Release

WASHINGTON, D.C., Sept. 23, 1999 - The Interstate Class Action Jurisdiction Act (H.R. 1875) passed the House of Representatives 222 to 207 to the applause of small and large businesses across the country, according to the United States Chamber of Commerce. 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 »

Big Bucks and Local Lawyers: The Increasing Use of Contingency Fee Lawyers by Local Governments

Author: Michael Maddigan, Hogan Lovells | October 26, 2016 | Research

The increasing use of contingency fee counsel by local government entities is a disturbing trend that poses real risks to the fair and impartial administration of justice. Read More »

The ILR Research Review - Fall 2016

September 22, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on over-criminalization and the challenges of business compliance, over-enforcement, third-party litigation funding in the UK, and asbestos trust claims. Read More »

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

Author: John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz, Skadden Arps | May 26, 2016 | Research

This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses. Read More »

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