States Resource Center

Learn more about the status of lawsuit abuse and civil justice reform issues in each state.

Select State:

 

ILR Research


Tort Liability Costs for Small Business

Tort Liability Costs for Small BusinessILR's new study shows that small businesses shoulder a tremendous burden of the nation’s tort liability costs, having paid $105.4 billion in 2008.

Read the press release

Download the study (pdf)

Stay Informed

Sign up to receive email alerts that will keep you up-to-date on reform issues and ILR activities.

  
Please update your Flash Player to view content.
 
Saturday, July 31, 2010
Bookmark and Share Facebook
 
 

California Supreme Court Decision will Help Contingency Fee Lawyers at the Expense of the State

Statement of ILR President Lisa A. Rickard on Monday’s decision by the Supreme Court of California in County of Santa Clara v. Superior Court (Atlantic Richfield Co) allowing state municipalities to hire outside contingency fee lawyers:

“The California Supreme Court’s decision to allow government entities to partner with private lawyers in contingency fee lawsuits will not only result in more litigation, but will further burden the state’s ability to create jobs and emerge from its worst economic situation since the Great Depression.

“While today’s decision provides more uncertainty for America’s job creators, it gives clarity to the lawsuit industry and plaintiffs’ lawyers looking to expand into a new area of litigation..."

Read More: CA Supreme Court Decision will Help Contingency Fee Lawyers

   

U.S. Chamber Applauds Congressional Inquiry Into Treasury’s Consideration of $1.6 Billion Trial Lawyer Tax Break

Statement of Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, on the letter sent July 23rd by Senator Chuck Grassley and Congressman Dave Camp to Treasury Secretary Timothy Geithner regarding Treasury’s consideration of a $1.6 billion tax break for plaintiffs’ lawyers:

“Senator Grassley and Congressman Camp are right to question Treasury’s possible enactment of a special interest tax break for plaintiffs’ lawyers without the approval of Congress.

“For the past three years, the trial lawyer lobby has been pushing Congress to enact a $1.6 billion tax cut for plaintiffs’ lawyers that would increase abusive litigation and add to the deficit. With support in Congress woefully lacking, the trial bar is trying to circumvent our elected representatives and get Treasury to enact their special interest tax break by fiat.

“At a time of high unemployment and record deficits, Washington should be working to put Americans back to work, not increase the deficit while subsidizing frivolous lawsuits. I applaud Senator Grassley and Congressman Camp for questioning this brazen end run around our democratic process.”

Read More: U.S. Chamber Applauds Congressional Inquiry

Read More: Letter to Sec. Geithner from Sen. Grassley and Rep. Camp (PDF)

   

Plaintiffs’ Lawyer Tax Break is a Lawsuit Subsidy Paid for by the American Taxpayer

Statement of Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, on the efforts of plaintiffs’ lawyers to get the Department of Treasury to allow for a $1.6 billion tax break for costs associated with contingency fee lawsuits:

“Plaintiffs’ lawyers have been pushing Congress for the last two years to give them a $1.6 billion tax break for their contingency fee lawsuits. This amounts to a subsidy for more lawsuits at the expense of the American taxpayer. Now they’re trying to circumvent Congress and go right to the Treasury Department to allow them to have this tax break.

Trial lawyer tax break discussed on Kelly's Court“This is simply a taxpayer-funded loan to plaintiffs’ lawyers that will be a further drag on job creation and economic growth, all while increasing the federal deficit. America needs more jobs, not more lawsuits.”

 

Watch Now: Kelly's Court Discusses Plaintiffs' Lawyer Tax Break

   

Key Research

The Centre Cannot HoldILR recently released "The Centre Cannot Hold: The Need for Effective Reform of the U.S. Civil Discovery Process," which 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.

Download: The Centre Cannot Hold (pdf)

 
 

Today's News

A panel of judges heard arguments over the venue of Gulf oil spill litigation and is expected to decide sometime in August, reports the National Law Journal.  In other oil spill news, contentious debate continues in the Senate over a bill to address a liability cap, according to the Associated Press.

Read More: Today in Legal Reform

ILR in the News

In a piece at Law.com, Lisa Rickard warns that a recent California Supreme Court ruling allowing cities to use contingency fee arrangements to hire lawyers for public-nuisance suits would "further burden the state's ability to create jobs and emerge from its worst economic situation since the Great Depression."

Read More: ILR in the News