Issues/Research

America's legal crisis is putting employees out of work, raising consumer prices, driving down shareholder value and bankrupting companies. Many plaintiffs' lawyers are exploiting flaws in our legal system in search of jackpot justice. Meanwhile, frivolous lawsuits clog our courts, denying those most deserving of justice their right to a speedy trial. Examine our Issue Resources exploring the various issues affecting our legal system below or research particular issues using the menu to the left.

Research

ILR's Response to the Civil Procedure Amendment

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2010 Voters' Views on Lawsuits

Public Opinion Strategies conducted a survey of 1,000 actual voters who voted in the 2010 midterm election nationally on Election Night (November 2, 2010) to examine voters’ perceptions of lawsuits and their desire for the next Congress to reform the lawsuit system. LEARN MORE »

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Cy Pres: A Not So Charitable Contribution to Class Action Practice

John Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom LLP, discusses his paper which outlines how cy pres awards in class actions engender a multitude of ethical & conflict-of-interest problems.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Cy Pres: A Not So Charitable Contribution to Class Action Practice

At its 11th Annual Legal Reform Summit on October 27th, 2010, the Institute for Legal Reform released this paper on the use of cy pres. Cy pres awards in class actions engender a multitude of ethical and conflict of interest problems for judges, defendants, plaintiffs and absent class members. LEARN MORE »

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Getting our Financial House in Order: the Role of Attorneys General in Financial Services

This 2010 Legal Reform Summit panel examined the sweeping new Dodd-Frank Wall Street Reform and Consumer Protection Act and its inclusion of enhanced enforcement powers for the state attorneys general.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Keynote Address - Unique Responses to Unprecedented Disasters: How the Law Copes

The 2010 Legal Reform Summit featured a keynote address by Kenneth Feinberg, Feinberg Rozen, LLP, & special remarks by Thomas J. Donohue, President & Chief Executive Officer, U.S. Chamber of Commerce, followed by the 2010 Legal Reform Awards.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Litigating in the Field of Dreams: Asbestos Cases in Madison County, Illinois

The Madison County asbestos litigation story involves the creation of a national clearinghouse for asbestos malignancy claims by first suspending normal rules about which courts should hear these cases, and second, by adopting procedures to facilitate the “processing” of large numbers of those claims. These factors combine to facilitate the process of extracting maximum value from the defendants. LEARN MORE »

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Litigating in the Field of Dreams: Asbestos Cases in Madison County, Illinois

Harold Kim, Senior Vice President at the U.S. Chamber Institute for Legal Reform, discusses the paper "Litigating in the Field of Dreams," which analyzes asbestos litigation trends in the perennially problematic jurisdiction of Madison County, IL.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Move to the Head of the Class -- The Latest Developments in Class Action Litigation

This 2010 Legal Reform Summit panel featured a discussion of hot issues in class action litigation including: employment litigation, Dukes v. Wal-Mart Stores & the use of federal rule 23(b)(2) in class certification; cy pres; & third party financing.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Navigating a Global Marketplace -- Foreign Corrupt Practices Act and Potential Reforms

At the 2010 Legal Reform Summit, former U.S. Attorney General Michael B. Mukasey moderated a discussion on the Foreign Corrupt Practices Act, its impact, enforcement activities by the DOJ and SEC, and what, if any, reforms could be implemented.

Source: Institute for Legal Reform
Released: Oct 27, 2010