Lawsuit Abuse Impact

America's runaway legal system imposes burdensome costs on workers, consumers, small businesses, and healthcare. The cost of America's lawsuit-happy culture totals $261 billion a year, or $880 per person, according to seminal research by Tillinghast-Towers Perrin (2006). According to a 2007 study commissioned by the Institute for Legal Reform, small businesses alone pay $98 billion a year to cover the cost of America's tort system -- money that could be used to hire additional workers, expand productivity, and improve employee benefits.

Lawsuit abuse also has a damaging impact on healthcare. In some areas of the country, medical liability lawsuits have driven malpractice insurance rates through the roof, driving doctors from their practices and closing trauma centers and emergency rooms across the country. The American Medical Association reports that there are now 17 states in a full-blown medical liability crisis.

The impact of lawsuit abuse is often discussed in terms of the economy, healthcare costs, and the price of consumer goods. But in the end, it is everyday Americans and their families who must pay the high price of lawsuit abuse.

Issues/Research: Lawsuit Abuse Impact

George J. Terwilliger, III, and Matthew Miner on Federal Regulatory and Prosecution Policies

At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside George J. Terwilliger, III, Senior Partner, White & Case LLP, and Matthew Miner, Partner, White & Case LLP, to discuss a new paper entitled, "Legal Limbo: Seeking Clarity in How and When the Department of Justice Declines to Prosecute."

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 26, 2012

John B. Bellinger, III on Transnational and Extraterritorial Litigation

At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside John B. Bellinger, III, Partner, Arnold & Porter LLP , to discuss a the panel he moderated on the topic of trends in use of the U.S. courts by non-U.S. citizens and residents, as exemplified by recent U.S. Supreme Court decisions and the Ecuadorian litigation against Chevron Corporation.  This panel also addressed the flip side of the coin:  the spread in Europe and elsewhere of US-style litigation, especially class actions, against multinational companies. 

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 26, 2012

David W. Ogden on "The Exclusion Illusion: Fixing a Flawed Health Care Fraud Enforcement System"

At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside David W. Ogden, Partner, Co-Chair, Government and Regulatory Litigation Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP, to discuss a new paper entitled, "The Exclusion Illusion: Fixing a Flawed Health Care Fraud Enforcement System."

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 26, 2012

John H. Beisner on Third-Party Investments in Litigation

At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside John H. Beisner, Partner, Co-Head, Mass Torts and Insurance Litigation Group, Skadden, Arps, Slate, Meagher & Flom LLP, to discuss a new paper, entitled, "Stopping the Sale on Lawsuits: A Proposal to Regulate Third-Party Investments in Litigation."

Source: U.S Chamber Institute for Legal Reform
Released: Oct 24, 2012

Andrew J. Pincus on The Trial Lawyers' New Merger Tax

At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside Andrew J. Pincus, Partner, Mayer Brown, to discuss a new paper, entitled, "The Trial Lawyers' New Merger Tax: Corporate Mergers and the Mega Million-Dollar Litigation Toll on Our Economy."

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 24, 2012

101 Ways To Improve State Legal Systems

This user's guide to promoting fair and effective civil justice provides policymakers with a compilation of some of the many avenues available to fostering a sound legal system that promotes states’ economies. The reforms are organized into five areas. The first section highlights five reforms that have gained momentum and should be of particular interest to state legislators. The report then considers fair and effective measures that would improve the litigation process, improve product liability law, promote rational liability rules, and rein in excessive damage awards. LEARN MORE »

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The Liability Climate in the States: Costs, Reforms and the Potential Impact on Jobs with Special Remarks by Governor Robert F. McDonnell

This panel at the 12th Annual Legal Reform Summit on October 26, 2011 examined the legal climate in the states, reforms and the impact on employment and business activity.  It featured special remarks by Virginia Governor Robert F. McDonnell.

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 26, 2011

U.S. Chamber of Commerce President Thomas J. Donohue's Remarks at the 12th Annual Legal Reform Summit

At the 12th Annual Legal Reform Summit on October 26, 2011, Thomas J. Donohue, President and Chief Executive Officer of the U.S. Chamber of Commerce, delivered these special remarks.  He was introduced by Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform.

Source: U.S. Chamber Institute for Legal Reform
Released: Oct 26, 2011

Creating Conditions for Economic Growth: The Role of the Legal Environment

Released at the 12th Annual Legal Reform Summit, this working paper examines the economic impacts of all 50 states’ legal environments. Commissioned by ILR and conducted by NERA Economic Consulting, the report uses a first-of-its-kind econometric model to estimate the economic savings each state can realize by improving its legal environment. LEARN MORE »

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The New Restatement: Blunting This Potentially Dangerous Trial Lawyer Weapon

This white paper responds to the Top 10 Tort Tools. It provides tips to litigators on how to persuade judges not to apply provisions in the new Restatement in ways that are not supported by law or sound public policy. It also refers, where relevant, to model legislation that can prevent the “Top 10 Tools” from doing significant harm. LEARN MORE »

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