News & Blog

Fighting Ghosts

February 05, 2016 | How a lawsuit over property damage from Liberian Civil War provides a glimpse into the secretive world of international litigation funding.

Analysis: TCPA Litigation Skyrockets Since 2007; Almost Doubles Since 2013

February 05, 2016 | "A destructive force that threatens companies with annihilation for technical violations that cause no actual injury or harm to any consumer." That's how Becca Wahlquist, an attorney for Snell & Wilmer, recently described the Telephone Consumer Protection Act (TCPA) in a news story marking the law's 25th anniversary.

Fighting Ghosts

February 05, 2016 | Insights

How a lawsuit over property damage from Liberian Civil War provides a glimpse into the secretive world of international litigation funding. Read More »

Analysis: TCPA Litigation Skyrockets Since 2007; Almost Doubles Since 2013

February 05, 2016 | Insights

"A destructive force that threatens companies with annihilation for technical violations that cause no actual injury or harm to any consumer." That's how Becca Wahlquist, an attorney for Snell & Wilmer, recently described the Telephone Consumer Protection Act (TCPA) in a news story marking the law's 25th anniversary. Read More »

In the News Today - February 5, 2016

February 05, 2016 | Insights

Retired Brigadier General Calls on Senators to Support FACT Act: "S. 357 will ensure that trusts have sufficient funds to pay legitimate claims by helping to eliminate fraud in the system. I believe the FACT Act will not interfere with or delay asbestos victims' ability to file legitimate lawsuits or trust claims," wrote James L. Bauerle BG, USA, (Ret.), legislative chairman, The Military/Veterans Coalition of Indiana, in a letter to four U.S. Senators. (American Security News) Read More »

House Judiciary Passes Fraudulent Joinder Bill; Senate Judiciary Holds FACT Act Hearing

February 04, 2016 | Insights

"This bill would keep legal claims in federal court that properly belong there by allowing federal judges to decide whether a local party is truly a legitimate defendant and not put there solely to keep the case in a trial lawyer-friendly state court," said ILR President Lisa A. Rickard in commending the U.S. House Judiciary Committee for passing the "Fraudulent Joinder Prevention Act of 2015," reports Legal Newsline. Read More »

In the News Today - February 3, 2016

February 03, 2016 | Insights

Feds Extract $21.9M Settlement from Toyota Finance Unit: The Consumer Financial Protection Bureau (CFPB) and U.S. Justice Department extracted a $21.9 million settlement from Toyota Motor Corp.'s financing unit over discrimination allegations. This is the fourth such settlement federal regulators have extracted from auto lenders in the past two years. Toyota denied any wrongdoing. The CFPB recently came under fire from companies and lawmakers for its methodology in determining racial bias in a separate case involving Ally Financial, Inc. (Wall Street Journal) Read More »

The Fraudulent Joinder Prevention Act of 2015 -- What It Is and Why It Matters

February 03, 2016 | Insights

Today, the House Judiciary Committee will markup the Fraudulent Joinder Prevention Act of 2015 (FJPA). What is fraudulent joinder and why does it matter? Read More »

State Civil Justice Groups Highlight Need to Pass FACT Act

February 02, 2016 | Insights

Palmetto Business Daily highlights support for the FACT Act from South Carolina's civil justice group, also noting that U.S. Senator Lindsey Graham (R-SC) sits on the Senate Judiciary Committee, which will hold a hearing on the bill tomorrow. Read More »

In the News Today - February 2, 2016

February 02, 2016 | Insights

McGraw's Entry into WV Supreme Court Race a 'Bombshell': WV MetroNews reporter Hoppy Kercheval today calls former Attorney General Darrel McGraw's entry into the state Supreme Court race "the biggest bombshell of the last minute election filings." Noting McGraw would be 92 years old by the end of his term, Kercheval says the filing "is a curious, unexpected move, but then again, the McGraws have always marched to their own beat." (WV MetroNews) Read More »

In the News Today - February 1, 2016

February 01, 2016 | Insights

'Hint' Offered by SCOTUS in the Gomez Decision?: In last month's 6-3 ruling in Campbell-Ewald Co v. Gomez, the U.S. Supreme Court said businesses could not head off class actions merely by offering the lead plaintiff a settlement in the amount of full relief of his or her claims. However, "in a not-so-subtle hint as to how the defense bar should act in future," Justice Ginsburg said that the results might be different if the company had gone ahead and deposited the claim into an account payable to the plaintiff and the "court had entered a judgment for him in that amount." (Business Insurance) Read More »

Fighting Ghosts

February 05, 2016 | Insights

How a lawsuit over property damage from Liberian Civil War provides a glimpse into the secretive world of international litigation funding. Read More »

Analysis: TCPA Litigation Skyrockets Since 2007; Almost Doubles Since 2013

February 05, 2016 | Insights

"A destructive force that threatens companies with annihilation for technical violations that cause no actual injury or harm to any consumer." That's how Becca Wahlquist, an attorney for Snell & Wilmer, recently described the Telephone Consumer Protection Act (TCPA) in a news story marking the law's 25th anniversary. Read More »

In the News Today - February 5, 2016

February 05, 2016 | Insights

Retired Brigadier General Calls on Senators to Support FACT Act: "S. 357 will ensure that trusts have sufficient funds to pay legitimate claims by helping to eliminate fraud in the system. I believe the FACT Act will not interfere with or delay asbestos victims' ability to file legitimate lawsuits or trust claims," wrote James L. Bauerle BG, USA, (Ret.), legislative chairman, The Military/Veterans Coalition of Indiana, in a letter to four U.S. Senators. (American Security News) Read More »

House Judiciary Passes Fraudulent Joinder Bill; Senate Judiciary Holds FACT Act Hearing

February 04, 2016 | Insights

"This bill would keep legal claims in federal court that properly belong there by allowing federal judges to decide whether a local party is truly a legitimate defendant and not put there solely to keep the case in a trial lawyer-friendly state court," said ILR President Lisa A. Rickard in commending the U.S. House Judiciary Committee for passing the "Fraudulent Joinder Prevention Act of 2015," reports Legal Newsline. Read More »

In the News Today - February 3, 2016

February 03, 2016 | Insights

Feds Extract $21.9M Settlement from Toyota Finance Unit: The Consumer Financial Protection Bureau (CFPB) and U.S. Justice Department extracted a $21.9 million settlement from Toyota Motor Corp.'s financing unit over discrimination allegations. This is the fourth such settlement federal regulators have extracted from auto lenders in the past two years. Toyota denied any wrongdoing. The CFPB recently came under fire from companies and lawmakers for its methodology in determining racial bias in a separate case involving Ally Financial, Inc. (Wall Street Journal) Read More »

The Fraudulent Joinder Prevention Act of 2015 -- What It Is and Why It Matters

February 03, 2016 | Insights

Today, the House Judiciary Committee will markup the Fraudulent Joinder Prevention Act of 2015 (FJPA). What is fraudulent joinder and why does it matter? Read More »

State Civil Justice Groups Highlight Need to Pass FACT Act

February 02, 2016 | Insights

Palmetto Business Daily highlights support for the FACT Act from South Carolina's civil justice group, also noting that U.S. Senator Lindsey Graham (R-SC) sits on the Senate Judiciary Committee, which will hold a hearing on the bill tomorrow. Read More »

In the News Today - February 2, 2016

February 02, 2016 | Insights

McGraw's Entry into WV Supreme Court Race a 'Bombshell': WV MetroNews reporter Hoppy Kercheval today calls former Attorney General Darrel McGraw's entry into the state Supreme Court race "the biggest bombshell of the last minute election filings." Noting McGraw would be 92 years old by the end of his term, Kercheval says the filing "is a curious, unexpected move, but then again, the McGraws have always marched to their own beat." (WV MetroNews) Read More »

In the News Today - February 1, 2016

February 01, 2016 | Insights

'Hint' Offered by SCOTUS in the Gomez Decision?: In last month's 6-3 ruling in Campbell-Ewald Co v. Gomez, the U.S. Supreme Court said businesses could not head off class actions merely by offering the lead plaintiff a settlement in the amount of full relief of his or her claims. However, "in a not-so-subtle hint as to how the defense bar should act in future," Justice Ginsburg said that the results might be different if the company had gone ahead and deposited the claim into an account payable to the plaintiff and the "court had entered a judgment for him in that amount." (Business Insurance) Read More »

POLL: Missouri Voters Overwhelmingly Support Common Sense Lawsuit Reforms

February 01, 2016 | Insights

"Show me the legal reform." That appears to be the sentiment among the vast majority of Missouri voters, according to a recent poll. Read More »

U.S. Senate Committee Passes Data Privacy Bill

January 29, 2016 | Insights

The U.S. Senate yesterday passed a new data privacy bill that "would give some Europeans the right to sue in the United States over allegations of electronic data privacy violations," reports Reuters. Read More »

The ILR Research Review-Volume 2,
Issue 2

December 22, 2015 | Research

The ILR Research Review offers valuable insights from our preeminent experts and specialists on key topics addressed in the latest of ILR's research reports. Read More »

The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims

Author: Peter Kelso and Marc Scarcella, Bates White | December 17, 2015 | Research

This paper addresses the lack of transparency in asbestos bankruptcy trust systems, and the intentional delay and suppression of trust disclosures by plaintiffs and their counsel. Read More »

Trial Lawyer Marketing: Broadcast, Search and Social Strategies

Author: Ken Goldstein, University of San Francisco and Dhavan V. Shah, Sherpa Metrix LLC | October 27, 2015 | Research

This study presents findings that highlight the highly-sophisticated and well-orchestrated marketing tactics of the plaintiffs' bar, including television advertising and the use of social media. Read More »

A Perilous Patchwork: Data Privacy and Civil Liability in the Era of the Data Breach

Author: Liisa M. Thomas, Robert H. Newman, and Alessandra Swanson, Winston & Strawn LLP | October 27, 2015 | Research

This paper provides an overview of the patchwork of civil liability that U.S. companies face over data breaches, including actions by federal regulators, state attorneys general and private plaintiffs. Read More »

MDL Proceedings: Eliminating the Chaff

Author: John H. Beisner, Jessica D. Miller, and Jordan M. Schwartz, Skadden, Arps, Slate, Meagher & Flom LLP | October 27, 2015 | Research

This paper suggests procedural improvements to weed out dubious and fraudulent claims in the early stages of multidistrict litigation (MDL) proceedings to prevent them from becoming "lawsuit magnets." Read More »

Constitutional Constraints: Provisions Limiting Excessive Government Fines

Author: Paul D. Clement, Bancroft PLLC | October 27, 2015 | Research

This paper outlines the constitutional constraints that limit excessive and duplicative government fines and penalties, including the Excessive Fines Clause and Due Process Clause. Read More »

Should I Stay or Should I Go? A Forum Non Conveniens Checklist

Author: John B. Bellinger, III and R. Reeves Anderson, Arnold & Porter LLP | October 05, 2015 | Research

This paper highlights practice tips that corporate defendants should consider when gauging when and how to seek dismissal on forum non conveniens grounds to avoid litigation in U.S. courts in favor of litigation abroad. Read More »

The Trial Lawyer Underground: Covertly Lobbying the Executive Branch

Author: Victor E. Schwartz and Cary Silverman, Shook, Hardy & Bacon L.L.P. | September 30, 2015 | Research

This report highlights examples of the quiet and effective influence the American Association for Justice, the organization that lobbies on behalf of the plaintiffs' bar, exerts within the Executive Branch. Read More »

2015 Lawsuit Climate Survey: Ranking the States

Author: Harris Poll/Nielsen | September 10, 2015 | Research

The 2015 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform to explore how fair and reasonable the states' tort liability systems are perceived to be by U.S. businesses. Read More »

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

Author: Victor E. Schwartz and Cary Silverman, Shook, Hardy & Bacon L.L.P. | September 10, 2015 | Research

101 Ways to Improve State Legal Systems offers some of the many options available to foster a sound legal system. It considers fair and effective measures to improve the litigation process, promote rational liability rules, and rein in excessive awards. Read More »

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