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

All Results for Delaware

  1. 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

  2. Risk and Reward: The Securities Fraud Class Action Lottery

    February 25, 2019 | Research

    Securities fraud class action lawyers are playing the "litigation lottery," filing often meritless cases against big companies on the off-chance of a big settlement. This research looks at all securities fraud class actions filed between 2005 and 2016 to reveal the true incentives that motivate plaintiffs' lawyers to roll the dice on these lawsuits, despite their high dismissal rate.... Read More

  3. The Great Myths of State False Claims Acts

    February 28, 2018 | Research

    The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards.... Read More

  4. 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

  5. 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

  6. 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

  7. '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

  8. 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

  9. 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

  10. 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