A new study by the U.S. Chamber Institute for Legal Reform (ILR) has found that collective actions-a legal mechanism that pools claimants to litigate for injunctive relief and/or compensation-is a growing business in Europe. ILR's study, which analyzes collective redress developments in ten EU Member States, shows that claimants are using a surprising number of recently introduced collective redress systems, with the value and volume of claims being filed on the rise. Read More
The New York Times' Peter J. Henning examines the constitutional challenges to the U.S. Securities and Exchange Commission's use of in-house judges. "Until the appeals courts finally reach the constitutional questions, the uncertainty surrounding the S.E.C.'s administrative proceedings will persist." (New York Times) Read More
In Madison County (IL) courts, the more things change, the more they . . . get worse? That's the only plausible conclusion from a recent Madison-St. Clair Record analysis of asbestos cases in the notorious legal jurisdiction. Read More
Introduction of federal class actions. A 1966 amendment to Rule 23 of the Federal Rules of Civil Procedure ushers in the modern opt-out class action. One law professor observed, “No change to the original Federal Rules has been a greater boon to plaintiffs and a greater burden to the business community.” See Brian T. Fitzpatrick, The Ironic History of Rule 23, Vanderbilt Law Research Paper No. 17-41 (2017). Read More
Strict product liability adopted. Strict product liability is first recognized by the California Supreme Court in Greenman v. Yuba Power Products, 377 P.2d 897 (Cal. 1963), allowing plaintiffs to recover for harms caused by defective products without proving that the manufacturer was negligent. This is followed by the American Law Institute’s adoption of strict liability in Section 402A of the Restatement (Second) of Torts in 1965. Many states begin to adopt strict products liability. “Mass tort” litigation begins soon thereafter, with cases involving the sale of the anti-cholesterol drug MER/29. See Paul D. Rheingold, The MER/29 Story—An Instance of Successful Mass Disaster Litigation, 56 Cal. L. Rev. 116 (1968); Roginsky v. Richardson-Merrell, Inc., 378 F.2d 832 (2d Cir. 1967). Read More
Pain and suffering awards take off as a result of efforts by pioneering trial lawyers such as Melvin Belli. See Melvin M. Belli, The Adequate Award, 39 Cal. L. Rev. 1 (1951). Trial lawyers become adept at increasing awards for pain and suffering. For example, in the 1930s, awards greater than $10,000 were uncommon, but only 20 years later, there were 53 verdicts of $100,000 or more in a single nine-month period—a cumulative impact of more than $5 million in just nine months. See Philip L. Merkel, Pain and Suffering Damages at Mid-Twentieth Century: A Retrospective View of the Problem and the Legal Academy’s First Reponses, 34 Cap. U. L. Rev. 545 (2006). Read More