This paper outlining how Cy pres awards in class actions engender a multitude of ethical and conflict-of-interest problems for judges, defendants, plaintiffs and absent class members. Read More
October 27, 2010
Feinberg Headlines ILR Summit to Address Alternatives to Lawsuits Following Major National Disasters
WASHINGTON, D.C.—At the U.S. Chamber Institute for Legal Reform’s 11th Annual Legal Reform Summit, Kenneth R. Feinberg today presented an alternative model to traditional litigation for settling claims resulting from major disasters such as the Gulf of Mexico oil spill. Drawing from his roles as Independent Claims Adjuster for the BP Deepwater Horizon Spill Disaster Victim Compensation Fund and former manager of the 9/11 Victims Compensation Fund, Feinberg headlined the day-long Summit that focused on lawsuit abuse during a major economic downturn. Read More
October 26, 2010
Sir Issac Newton's Third Law of physics teaches us that every action causes an equal and opposite reaction.
But unlike the physical laws of motion, the law of today's Washington politics seems to be telling us that every action creates an opportunity for a disproportionate reaction, one that can reward special interests while having a profound impact on our nation.
In 2007 and 2008, the Supreme Court's actions in a pair of decisions ( Ashcroft v. Iqbal and Bell Atlantic v. Twombly ) has triggered a lopsided legislative reaction from the trial bar and their allies which, if successful, will greatly expand the number of costly junk lawsuits that could seriously injure an already fragile economy. Read More
July 5, 2010
This paper examines the escalating crisis in the U.S. civil discovery system and how it can be remedied. Part I discusses the origins and development of civil discovery in the U.S., which sowed the seeds of the current crisis. Part II discusses how electronic discovery has led to increased abuses of the discovery system. Part III discusses prior efforts to reform civil discovery in the U.S. and why they have been largely ineffective. And Part IV discusses potential remedies to the problem, taking particular note of the relative merits of the approaches being adopted in various states, as well as reforms suggested by practitioners, such as the American College of Trial Lawyers. Read More
May 13, 2010
WASHINGTON, DC—West Virginia’s lawsuit climate is once again ranked worst in the nation, according to Lawsuit Climate 2010: Ranking the States, a study released today by the U.S. Chamber Institute for Legal Reform (ILR). The corporate lawyers familiar with the current litigation environment in West Virginia gave the state a last place ranking of each of the ten key elements used to determine a state’s overall position. Read More
March 21, 2010
WASHINGTON, DC—A new national survey ranks Delaware’s litigation environment number one in the country for fairness. The survey, Lawsuit Climate 2010: Ranking the States, released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that Delaware has led the other 49 states since the survey was first conducted in 2002. Read More
March 21, 2010
WASHINGTON, D.C.—The U.S. Chamber Institute for Legal Reform (ILR) today presented the 2009 Legislative Achievement Award to U.S. Senator Jeff Sessions for his tireless advocacy to improve our nation’s civil justice system. Read More
October 27, 2009
We find it encouraging that President Obama is acknowledging the lawsuit epidemic and its impact on America's health care system, particularly as the Administration examines the critical issue of controlling healthcare costs.
Numerous studies have proven that our out-of-control lawsuit system is forcing physicians to practice defensive medicine to avoid costly liability lawsuits. According to the Harvard School of Public Health, as much as 40 percent of medical liability lawsuits are entirely groundless. Read More
June 16, 2009
A case study from the Wall Street Journal:
State Attorneys General regularly hire private plaintiffs lawyers on a contingency-fee basis to prosecute cases. The trial bar returns the favor with campaign donations to state office holders. And despite the inherent conflicts of interest and questionable ethics of the practice, corporate defendants have rarely challenged such arrangements. Which is why a motion pending before the Pennsylvania Supreme Court is so remarkable -- and deserves more public attention....Under terms of the contingency-fee contract, Bailey Perrin receives up to 15% of any settlement or judgment. Even better for the lawyers, the state is barred from settling for nonmonetary relief "unless the settlement also provides reasonably for the compensation of [Bailey Perrin] by [Janssen] for the services provided by the law firm under this contract." Read More
April 8, 2009
The U.S. Chamber Institute for Legal Reform (ILR) kicked off its annual Summit with a visit from U.S. Commerce Department Secretary Carlos Gutierrez. During his morning keynote address to the nation's leading legal reform experts, Secretary Gutierrez released a Commerce Department report on The U.S. Litigation Environment and Foreign Direct Investment, outlining the impact of America's lawsuit climate on foreign direct investment. Read More
October 29, 2008
U.S. Chamber of Commerce President and CEO Tom Donohue delivered a rousing address to the attendees of ILR's 9th Annual Legal Reform Summit, saying that, during this time of global economic turmoil, the last thing America needs is more lawsuits. Read More
October 29, 2008
WASHINGTON, D.C.—If plaintiffs’ lawyers convince the next Congress to enact massive lawsuit-expanding legislation next year, the added costs will slow America’s economic recovery, according to speakers at today’s 9th Annual Legal Reform Summit hosted by the U.S. Chamber Institute for Legal Reform’s (ILR). Read More
October 28, 2008
During these tough economic times, the roughly 50% of all Americans who have their retirement and other investments tied up in the stock markets have a lot to worry about. Inflation. The mortgage meltdown. Rising fuel costs.
However, obscured by these recent crises is a proven threat that has destroyed billions of dollars of average shareholders' wealth, year after year. The menace: securities class action lawsuits. Read More
July 31, 2008
WASHINGTON, D.C.—A Web site and media campaign exposing the vast number of liability expanding provisions slipped into key legislation by the plaintiffs’ trial bar was launched today by the U.S. Chamber Institute for Legal Reform (ILR). Read More
July 27, 2008
NEW YORK, N.Y.-Private securities class action lawsuits present a serious threat to the health of U.S. businesses, the prosperity of American families and the strength of our nation's global competitiveness, according to a new analysis released today by the U.S. Chamber Institute for Legal Reform (ILR). Read More
July 23, 2008
WASHINGTON, DC – Louisiana’s legal climate is ranked as the second worst in the country, according to Lawsuit Climate 2008: Ranking the States, the annual assessment of state liability systems conducted by Harris Interactive, a leading national market research firm, and released today by the U.S. Chamber Institute for Legal Reform (ILR).
Louisiana ranked 49th out of 50 states in the study, down one spot from the previous year. In addition, New Orleans/Orleans Parish was named among the ten least fair and reasonable court systems in the country. Read More
April 22, 2008
WASHINGTON, DC – Delaware ranks first among all fifty states in the fairness of its litigation environment, a position it has held for seven years running, according to Lawsuit Climate 2008: Ranking the States, an annual assessment of state liability systems conducted by Harris Interactive and released today by the U.S. Chamber Institute for Legal Reform (ILR). Read More
April 22, 2008
WASHINGTON, DC – California’s legal environment remains mired in the bottom ten states, according to Lawsuit Climate 2008: Ranking the States, an annual assessment of state liability systems conducted by Harris Interactive, a leading nonpartisan market research firm, and released today by the U.S. Chamber Institute for Legal Reform (ILR). In addition, Los Angeles was again named the least fair and reasonable litigation environment in the country. Read More
April 22, 2008
WASHINGTON, DC – Illinois has one of the five worst legal climates in the nation according to Lawsuit Climate 2008: Ranking the States, an annual assessment of state liability systems conducted by Harris Interactive, a nonpartisan national market firm, and released today by the U.S. Chamber Institute for Legal Reform (ILR). Read More
April 22, 2008
WASHINGTON, DC - Senior attorneys at America's largest employers say state court liability systems have steadily improved over the last several years, but less than half of them rate the state courts as "excellent" or "pretty good." These lawyers say Delaware still has the best legal climate in the country, and West Virginia remains the worst. Read More
April 22, 2008