We’re number 1! Currently, Delaware boasts the best lawsuit climate in America. For nine consecutive times now The First State has come in first in lawsuit fairness.

Delaware at a Glance

NERA Study: Impact of Lawsuit Reform Get the Full Report
$73 Potential Tort Cost
Reduction ($1,000,000)
0.28% - 0.76% Potential Increase
in Employment

All Results for Delaware

'Battle Lines' Drawn Over Delaware Fee-Shifting Fight

January 12, 2015 | Insights

Pensions & Investments' Hazel Bradford writes that "battle lines" have been drawn over a 2014 Delaware court ruling "that lets companies shift legal fees to investors bringing lawsuits." Read More »

Tags: Securities Litigation Reform, Delaware

Delaware Law Weekly Highlights ILR Opposition to Legislation Prohibiting Fee-Shifting By-Laws

December 17, 2014 | Insights

In a review of the Delaware Supreme Court rulings of the past year, Delaware Law Weekly highlights the court's decision in ATP Tour v. Deutscher Tennis Bund, which "upheld corporations' right to adopt fee-shifting bylaws requiring stockholders to pay all legal costs for unsuccessful lawsuits against the company." Read More »

Tags: Delaware

In The News Today - December 17, 2014

December 17, 2014 | Insights

Apple Inc. was victorious after a federal jury decided yesterday that the company "didn't compete unfairly when it sold music players and songs with copy-protection software that was incompatible with rival devices and music from competing online stores." Read More »

Tags: Class Actions, Delaware

Will Delaware Chancery Court Provide Guidance on Fee-Shifting?

December 11, 2014 | Insights

Will a former stockholder's lawsuit against an airplane repair company give the Delaware Court of Chancery an opportunity to provide corporations with guidance on fee-shifting bylaws – or will the court defer to the legislature? Read More »

Tags: Delaware

Rickard: Delaware Flirts With Encouraging Shareholder Lawsuits

Author: Lisa. A. Rickard | November 15, 2014 | Insights

ILR President Lisa A. Rickard penned an op-ed in this weekend's Wall Street Journal about the Delaware's recent attempt to "prohibit corporations from protecting themselves against predatory lawsuits." Read More »

Tags: Securities Litigation Reform, Delaware

In The News Today - October 23, 2014

October 23, 2014 | Insights

On a panel at the 15th Annual Legal Reform Summit held by the U.S. Chamber Institute for Legal Reform, Allison Land, partner at Skadden Arps, commented on the emergence of fee-shifting for securities class action lawsuits, particularly in Delaware. Read More »

Tags: Class Actions, Securities Litigation Reform, Delaware

An Uptick in Foreign Judgment Enforcement Cases?

October 15, 2014 | Insights

In a piece titled, "Recognition Comes Before Enforcement With Foreign Judgments," Legal Intelligencer's Paige H. Forster writes that the U.S. Chamber Institute for Legal Reform has noted an increase in attempts by plaintiffs "to enforce a judgment rendered outside the United States." Read More »

Tags: Delaware, Pennsylvania

First Test of Delaware Fee-Shifting Ruling Heats Up

July 23, 2014 | Insights

Earlier this month, Hemispherx BioPharma Inc. adopted a corporate bylaw that would force the plaintiffs' in a pending shareholder lawsuit against the company to "cover the company's legal frees if they didn't win the suit." Read More »

Tags: Delaware

In The News Today - July 7, 2014

July 07, 2014 | Insights

Six insurance companies are suing an asbestos personal injury trust set up by a U.S. unit of Philips that the insurers "suspect has been making millions of dollars in fraudulent payments to parties that cannot prove they were harmed by the company's asbestos products." Read More »

Tags: Asbestos, Delaware, Texas

Delaware Legislature Delays Anti-Fee-Shifting Legislation

June 20, 2014 | Insights

In the wake of staunch opposition from the U.S. Chamber Institute for Legal Reform and other business groups, the Delaware legislature is putting the brakes on legislation that would prevent corporate "fee-shifting" bylaws in the wake of a recent Delaware court decision allowing such bylaws. Read More »

Tags: Delaware

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