Research

  1. Ill-Suited: Private Rights of Action and Privacy Claims

    July 11, 2019 | Research

    Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection.... Read More

  2. Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

    May 15, 2019 | Research

    Contrary to the assertions made by the opponents of arbitration, employees in disputes with their employer are more likely to win cases, get more compensation, and get it more quickly in arbitration than in litigation. This study, performed by ndp | analytics, examined nearly 100,000 cases between 2014 and 2018, including over 90,000 federal lawsuits and 10,000 arbitrations.... Read More

  3. Arbitration Survey | March 7-11, 2019

    May 11, 2019 | Research

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  4. MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    April 24, 2019 | Research

    Multidistrict litigation proceedings (MDLs) were created as an efficient way to handle pretrial proceedings in hundreds or thousands of similar cases against the same defendant. Unfortunately, MDLs also give plaintiffs an unfair advantage when it comes to appeals. If a defendant makes a dispositive motion-on preemption or expert evidence, for example-and is denied, it won't normally have access to immediate appeal. But if the defendant wins the motion, plaintiffs can appeal right away. This paper argues for courts to give MDL plaintiffs and defendants equal access to appellate review.... Read More

  5. ILR Research Review - Spring 2019

    March 21, 2019 | Research

    The rising pace of private securities class actions could present a threat to the health of U.S. capital markets, while the ongoing wave of municipality lawsuits stands in the way of global settlements and undermines the authority of lawmakers and state attorneys general. White papers covered in this edition of the ILR Research Review detail the causes and current state of these litigation trends, along with a full suite of solutions to address them.... Read More

  6. Mitigating Municipality Litigation: Scope and Solutions

    March 06, 2019 | Research

    Municipalities are testing the boundaries of their litigation authority, claiming damages for wide-ranging matters of public policy including opioid abuse, climate change, and data privacy breaches. This paper is the first to document how and why municipalities and contingency fee lawyers are undermining legislators and state AGs with these lawsuits, the problems this trend is causing, and what states can do about it. ... Read More