News & Blog

In The News Today - August 18, 2017

August 18, 2017 | Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation.

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes.

In The News Today - August 18, 2017

August 18, 2017 | News and Blog

Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation. Read More »

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | News and Blog

Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes. Read More »

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 18, 2017

August 18, 2017 | News and Blog

Some Lawyer Ads Can Scare You To Death: Larry Elkin of Palisades Hudson Financial Group penned a blog about the adverse effects of trial lawyer advertising, saying "advertising-induced fear may lead" consumers to stop taking their medication without consulting a doctor. In his blog, he cites polling data and public comments from ILR in support of trial lawyer advertising regulation. Read More »

What Impact Will SCOTUS Ruling Have on Philadelphia Out-of-State Plaintiffs?

August 18, 2017 | News and Blog

Of the 3,884 prescription drug lawsuits filed in Philadelphia filed between January and the end of May in 2017, 94 percent of plaintiffs live outside of Philadelphia. The U.S. Supreme Court's Bristol Myers-Squibb ruling puts their future in question, writes Legal Newsline in Forbes. Read More »

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 »

Chamber Sues Milwaukee for Stonewalling Lead Paint Records Request

August 15, 2000 | Press Release

WASHINGTON, D.C., Aug. 16, 2000 - The United States Chamber of Commerce Institute for Legal Reform announced today that it has filed suit against the City of Milwaukee to compel compliance with its Open Records request filed last month. The original request was to determine Milwaukee's culpability as the city considered suing former manufacturers of lead pigment and lead-based paint. Read More »

Chamber Calls Florida Verdict Obscene

July 13, 2000 | Press Release

WASHINGTON, D.C., July 14, 2000 - The United States Chamber of Commerce called today's decision by a Florida jury, awarding defendants in a tobacco case $145 billion dollars in punitive damages, "an obscene symptom of a court system that is out-of-control. "Trial lawyers have subverted the legal system for their own financial gain," said Bruce Josten, Chamber Executive Vice President. "Legitimate, but politically out-of-favor businesses have been attacked by attorneys driven by the prospect of absurd punitive damage awards." Read More »

Anti-Arbitration Bill Sets Dangerous Precedent, Warns U.S. Chamber of Commerce

June 07, 2000 | Press Release

WASHINGTON, D.C., June 8, 2000 - In testimony before the House Judiciary Subcommittee on Commercial and Administrative Law, the United States Chamber of Commerce today criticized the Fairness and Voluntary Arbitration Act, H.R. 534, for undermining contracts and forcing businesses that have agreed to work through the arbitration process into the congested court system. 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 »

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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