Research

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

    May 15, 2019 | Research

    Plaintiffs do better in employment arbitration than in litigation. That's the key finding from research performed by ndp|analytics, which among other things shows that during the study period of 2014-2018, employee-plaintiffs were three times as likely to win arbitration cases that terminated in awards than they were to win comparable cases in litigation. The average dollar award for employee-plaintiffs was over 90 percent higher in arbitration cases than in litigation, and the average arbitration case was also much faster to resolve.... Read More

  2. Arbitration Survey | March 7-11, 2019

    May 11, 2019 | Research

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  3. 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

  4. 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

  5. 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

  6. Waking the Litigation Monster: The Misuse of Public Nuisance

    March 06, 2019 | Research

    Local governments are increasingly teaming up with contingency fee lawyers to influence public policy issues through litigation, largely through attempts to expand the public nuisance doctrine. ILR's research outlines the origins and development of public nuisance litigation, shows the ongoing efforts of activists and attorneys to morph this theory into an all-purpose cause of action, and calls on courts to reject expanding judicial authority inappropriately into the legislative and executive branches. ... Read More