State Legal Reforms

Under the federal structure of the United States, both the federal government and the states have a role in addressing the problem of lawsuit abuse. Many states have taken the initiative to advance effective, commonsense legal reforms – measures that have brought widespread benefits to individuals, businesses, and communities. read more...

Legal reform has been an important state issue for several decades. In fact, California’s landmark medical malpractice law was passed in 1975 – over forty years ago. 

But as the nation’s lawsuit abuse problem has grown, more and more states have chosen to pass reforms. In recent years, significant reforms were enacted in Alabama, Arizona, Florida, Louisiana, Mississippi, Nevada, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, West Virginia, and Wisconsin, among many others.

Research

West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

January 10, 2018 | West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.

ILR Research Review - Fall 2017

November 30, 2017 | This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe.

All Results for State Legal Reforms

Justice Advances in the Mountain State

February 15, 2018 | News and Blog

West Virginia is currently one of only nine states without an intermediate court of appeals (ICA), leaving the five justices of the Supreme Court of Appeals with no filter between them and the 800+ cases that pour in annually from the state's 55 circuit courts. Read More »

Bill to Combat 'Litigation Tourism' Advances in West Virginia

January 23, 2018 | News and Blog

In another example of legal reform progress in the Mountain State, West Virginia's House of Delegates moved to crack down on 'litigation tourism' by unanimously passing HB 4013. Read More »

Top 10 Legal Reform Research Topics of 2017

January 11, 2018 | News and Blog

Review ILR's wide-ranging top ten legal reform research topics from 2017 and gain insights for 2018. Read More »

WV's "State of the State" on Legal Reform: Improving

January 10, 2018 | News and Blog

Ahead of West Virginia Governor Jim Justice's "State of the State" address on Wednesday night, new research from the U.S. Chamber Institute for Legal Reform (ILR) provides a snapshot of the state's past accomplishments and future opportunities on legal reform. Read More »

West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

January 10, 2018 | Research

West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress. Read More »

ILR Research Review - Fall 2017

November 30, 2017 | Research

This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More »

Unstable Foundation: Our Broken Class Action System and How to Fix It

October 24, 2017 | Research

Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct. Read More »

101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice - FIFTH EDITION 2017

September 12, 2017 | Research

A user's guide to state legal reforms, providing policymakers with a compendium of options available to foster a sound legal system and promote state economies. This resource also offers a compilation of recently-enacted legal reforms to show how legislators can move the proposals described in the guide from theory into practice. Read More »

On the Edge: New York County Asbestos Litigation at a Tipping Point

Author: James L. Stengel and C. Anne Malik, Orrick, Herrington & Sutcliffe LLP | August 03, 2017 | Research

This report examines the history and current state of the New York County Asbestos Litigation (NYCAL) unit of New York City's state trial court. The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the Revised Case Management Order, absent fresh judicial interpretation and methods of implementation that correct current problems. Read More »

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