Federal

The federal government and the states each have an important role in addressing the problem of lawsuit abuse. While most legal reform activity occurs at the state level with states enacting multiple effective, high profile reforms over the past several years, many important legal reforms have also been enacted and implemented at the federal level.

While the political process has slowed some legal reform efforts at the federal level, Congress is currently considering a number of important proposals that would help restore balance to America's legal system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, class action reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.

In addition to these proactive legal reform efforts, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, the federal courts, and the regulatory agencies.

Research

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

May 26, 2016 | This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses.

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

February 19, 2016 | This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another.

All Results for Federal

Class Action Reform Bill Would Spotlight "Cottage Industry" of Third-Party Litigation Funders

February 24, 2017 | News and Blog

In a story examining the Fairness in Class Action Litigation Act, the Wall Street Journal's Ben Depietro looks specifically at measures in the legislation that would "require disclosure of third parties funding class actions," and notes the U.S. Chamber's support for the bill. Read More »

In the News Today - February 24, 2017

February 24, 2017 | News and Blog

The American Law Institute is "cooking up new common law rules covering consumer contracts that would give courts an unprecedented range of reasons to invalidate or rewrite contract terms." Read More »

The Food Court: Trends in Food and Beverage Class Action Litigation

Author: Cary Silverman and James Muehlberger, Shook, Hardy & Bacon L.L.P. | February 24, 2017 | Research

This paper examines the emerging litigation trends in the food and beverage industry and makes concrete recommendations for reforms, outlining the role that the courts, legislatures, and regulatory agencies all have in restoring common sense to food class action litigation. Read More »

WSJ Highlights ILR's Support for Fairness in Class Action Litigation Act

February 23, 2017 | News and Blog

A Wall Street Journal article regarding the Fairness in Class Action Litigation Act notes ILR's support for the legislation. Read More »

In the News Today - February 23, 2017

February 23, 2017 | News and Blog

Yesterday's edition of NBC's "Today" show featured a segment about so-called "slack fill" class action lawsuits, to which ILR responded with a media statement pointing to the release of a new report highlighting the growth in food and beverage lawsuits in America. Read More »

Plaintiffs' Bar 'Salivating' at Fmr. AG Lynch's Rule Doubling False Claims Act Penalties

February 21, 2017 | News and Blog

Former U.S. Attorney General Loretta Lynch signed a final rule before leaving office that would "effectively double penalties under the False Claims Act," reports the Washington Free Beacon's Joe Schoffstall. Read More »

In the News Today - February 21, 2017

February 21, 2017 | News and Blog

The Florida Supreme Court's penchant for overturning the legislature's legal reforms was cited as a big reason for Florida's paltry 44th lawsuit climate in 2015. Well, the court has done it again - opting (in a 4-2 ruling) to overturn the Florida legislature's 2013 law that adopted the strict "Daubert" expert evidence standards in the state's courts. Read More »

U.S. House Panel Approves Asbestos "Double-Dipping" Reform Bill

February 17, 2017 | News and Blog

The U.S. House Judiciary Committee has approved the Furthering Asbestos Claim Transparency, or FACT Act, of 2017 by a vote of 19-11. The bill targets the country's current asbestos injury compensation system writes Forbes/Legal Newsline. Read More »

In the News Today - February 17, 2017

February 17, 2017 | News and Blog

Lawyers, not consumers, are the main beneficiaries of class actions today. Take, for example, a class action lawsuit against a beverage company for allegedly implying that a product called "vitaminwater" was healthy. Read More »

House Bill Would Make Life Much, Much Harder for Class-Action Lawyers

February 16, 2017 | News and Blog

Dan Fisher, senior editor at Forbes, writes on the Fairness in Class Action Litigation Act of 2017 (FICALA) which passed the House Judiciary Committee last night. The bill will eliminate "most of the tactics plaintiff lawyers use to extract large fees for themselves while delivering little or nothing to their clients." Read More »

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