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August 6, 2014

New U.S. Chamber Reports Signal Enhanced Risk of Lawsuit Abuse in Latin America

Latin American countries are systematically changing their civil justice systems in a manner that threatens a coming wave of civil litigation and negative economic and social consequences, according to key findings in two new ILR reports released yesterday. Corporate Counsel magazine today covered the reports which provide a comprehensive examination of new and proposed changes to civil legal systems across Latin America and their likely impacts.

Following Each Other’s Lead: Law Reform in Latin America examines the expansion of class action lawsuits in 13 countries, and Class Action Evolution: Improving the Litigation Climate in Brazil examines changes to Brazil’s civil justice system and the influence that the largest nation in South America has on similar changes in neighboring countries.

Both reports identify troubling trends in the region that include making it easier to file lawsuits with questionable merit, creating financial incentives to bring mass litigation, and unbalancing the civil justice system to tip the scales between plaintiffs and defendants

“These reports can serve as warning signs to the governments and people of Latin America to guard against misguided legal avenues that could turn into highways to abusive litigation,” said ILR President Lisa A. Rickard. “If implemented, current proposals could have costly, unintended economic consequences for many Latin American countries.”

Read the full article here.

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