Delaware is ranked #11 in the 2017 Lawsuit Climate Survey: Ranking the States, falling ten spots from first place, a position it had held every year since the Survey was first released in 2002. Despite this fall, Delaware still ranks in the top ten in the key element categories of scientific and technical evidence, trial judges' competence, quality of appellate review, and enforcing meaningful venue requirements.

Delaware at a Glance

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$73 Potential Tort Cost
Reduction ($1,000,000)
0.28% - 0.76% Potential Increase
in Employment
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All Results for Delaware

In the News Today - September 18, 2017

September 18, 2017 | News and Blog

Study: Delaware losing edge as leading corporate litigation; Consumer advocates and banking groups size up undecided Sen. Kennedy in battle over class-action lawsuit restrictions Read More »

Lawsuit Climate Survey Serves as a "Wakeup Call" For Delaware

September 14, 2017 | News and Blog

Delaware's drop from perennial number one to 11th in ILR's 2017 Lawsuit Climate Survey: Ranking the States should serve as a "wakeup" call for the state, said ILR's Bryan Quigley to WHYY in Philadelphia. Read More »

Survey: Delaware Dethroned As Best State Lawsuit Climate

September 12, 2017 | Press Release

WASHINGTON, D.C. - After ranking as the top state in every previous survey, Delaware's lawsuit climate ranked number 11 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). South Dakota replaced Delaware as the top-ranked state. Read More »

GM Sues Asbestos Trusts in Delaware, Pennsylvania, and New York

March 07, 2017 | News and Blog

General Motors (GM) filed suits on Monday against asbestos trusts in three separate states seeking recovery of trust money paid to the estate of an employee who also received payments from the automaker to settle asbestos exposure claims. Read More »

'The judicial system is being manipulated,' says former Delaware judge in making case for FACT Act

March 22, 2016 | News and Blog

"I think Senator Durbin and the trial attorneys have a lot of control in this area, and they are a very strong, well-organized group. They make huge amounts of money in this litigation. It's a cash cow," former Delaware Superior Court Judge Peggy Abelman told Illinois Business Daily about opponents of the Furthering Asbestos Claims Transparency (FACT) Act. Read More »

Court Tosses Champerty Claim, Allows DuPont Lawsuit to Proceed Despite Presence of Litigation Financing

March 18, 2016 | News and Blog

A Delaware court recently allowed a lawsuit to proceed against DuPont that was funded by outside groups, including one of the largest funders, Burford Capital. The plaintiffs in the matter sold their lawsuit to Burford and others in exchange for a percentage of the award if the litigation was successful. Read More »

ILR Urges Delaware Court to Do More to Stop 'Baseless' M&A Lawsuits, reports Bloomberg BNA

February 12, 2016 | News and Blog

Bloomberg BNA reports on ILR's recent statement regarding the Delaware Chancery Court's "heightened review of disclosure-only settlements." Read More »

In the News Today - January 28, 2016

January 28, 2016 | News and Blog

Delaware Chancery Court Takes Step Toward ‘Curtailing Abusive Deal Litigation': Chancellor Andre G. Bouchard, "handed down an opinion that makes all-but-unreachable the low hanging fruit of ‘disclosure settlements' for plaintiffs' lawyers who sue on ‘virtually every transaction.'" He essentially "told lawyers for future plaintiffs that if they want to be paid for bringing cases alleging defective disclosure, they will have to take them to trial." (Wall Street Journal) Read More »

In the News Today - January 6, 2016

January 06, 2016 | News and Blog

‘The Judge Who Shoots Down Merger Lawsuits': The Wall Street Journal profiles Delaware Chancery Vice Chancellor J. Travis Laster, a "notoriously tough judge who has shown thinning patience" with disclosure-only merger lawsuits, which are thus being filed in decreasing numbers in the state. (Wall Street Journal) Read More »

In the News Today - October 19, 2015

October 19, 2015 | News and Blog

The Associated Press this weekend spotlighted the "increasingly aggressive" tactics of state governments to track down unclaimed property. Thanks to these aggressive tactics, a startup by two medical researchers who developed a Hepatitis B treatment was forced to sue the state of Delaware when the state aggressively took control of $1.7 million of the company's stock. The company took a big loss in the process. (Associated Press) Read More »

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