Research

01/01/2019

Featured Research

  • 2019 Lawsuit Climate Survey: Ranking the States

    2019 Lawsuit Climate Survey: Ranking the States

    September 17, 2019

    The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses Read More

  • Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. Read More


All Results for Research

  1. Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019 | Research

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. ... Read More

  2. Analysis of TPLF in European Collective Redress

    October 15, 2019 | Research

    Third party litigation funding-the practice of hedge funds investing in litigation in exchange for a cut of the proceeds-has begun to take root in Europe. Unfortunately, an almost total lack of transparency and regulation means that even as its supporters promise greater "access to justice," TPLF threatens the integrity of European civil justice systems. This ILR research paper details the state of play for TPLF in Europe and around the world, and urges EU legislators to take up a number of specific reforms to protect consumers and businesses.... Read More

  3. 2019 Lawsuit Climate Survey: Ranking the States

    September 17, 2019 | Research

    The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses... Read More

  4. 101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice - Sixth Edition 2019

    September 17, 2019 | Research

    A user's guide to state legal reforms, providing policymakers with an array of options available to foster a sound legal system and promote states' economies. This resource also offers a compilation of recently-enacted legal reforms to show how legislators can move the proposals described in the guide from theory into practice.... Read More

  5. ILR Research Review, Volume 6, Issue 2

    September 10, 2019 | Research

    This edition of the ILR Research Review covers four developments that represent a cross-section of the litigation challenges facing the American business community today, including: municipality lawsuits against energy producers; the unsuitability of private rights of action for protecting privacy; the enduring value of arbitration; and the urgent need to ensure fairness for defendants in multidistrict litigation proceedings.... Read More

  6. Litigation vs. Restoration: Addressing Louisiana's Coastal Land Loss

    August 08, 2019 | Research

    The oil and gas industry is a fundamental driver of Louisiana's economy, but it is currently threatened by an unprecedented number and variety of coastal land loss litigation. This paper documents the history of the oil and gas industry in Louisiana, the inconsistent pressures being exerted by landowners and the state, and the array of litigation against it. The paper also calls on state and local officials to collaborate with companies to restore the state's coastline, rather than engaging in costly litigation that detracts from true remediation and restoration efforts.... Read More

  7. 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

  8. 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

  9. 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