Delaware was #1 in the first Lawsuit Climate Survey: Ranking the States in 2002 and has been #1 in every one of the 9 updates. It is in the top five rankings for all of the elements evaluated in the survey, sitting first in six of the ten key elements categories.
"I think Senator Durbin and the trial attorneys have a lot of control in this area, and they are a very strong, well-organized group. They make huge amounts of money in this litigation. It's a cash cow," former Delaware Superior Court Judge Peggy Abelman told Illinois Business Daily about opponents of the Furthering Asbestos Claims Transparency (FACT) Act. Read More »
A Delaware court recently allowed a lawsuit to proceed against DuPont that was funded by outside groups, including one of the largest funders, Burford Capital. The plaintiffs in the matter sold their lawsuit to Burford and others in exchange for a percentage of the award if the litigation was successful. Read More »
Delaware Chancery Court Takes Step Toward ‘Curtailing Abusive Deal Litigation': Chancellor Andre G. Bouchard, "handed down an opinion that makes all-but-unreachable the low hanging fruit of ‘disclosure settlements' for plaintiffs' lawyers who sue on ‘virtually every transaction.'" He essentially "told lawyers for future plaintiffs that if they want to be paid for bringing cases alleging defective disclosure, they will have to take them to trial." (Wall Street Journal) Read More »
‘The Judge Who Shoots Down Merger Lawsuits': The Wall Street Journal profiles Delaware Chancery Vice Chancellor J. Travis Laster, a "notoriously tough judge who has shown thinning patience" with disclosure-only merger lawsuits, which are thus being filed in decreasing numbers in the state. (Wall Street Journal) Read More »
The Associated Press this weekend spotlighted the "increasingly aggressive" tactics of state governments to track down unclaimed property. Thanks to these aggressive tactics, a startup by two medical researchers who developed a Hepatitis B treatment was forced to sue the state of Delaware when the state aggressively took control of $1.7 million of the company's stock. The company took a big loss in the process. (Associated Press) Read More »
In rejecting the settlement of a shareholder lawsuit against Hewletter-Packard Co., a Delaware judge said "the welter of litigation challenging corporate mergers has become a systemic problem." (Wall Street Journal) Read More »
"After looking at the merits of civil justice issues in all states, Florida was ranked 44. Unfortunately, that's a decline," said Florida Justice Reform Institute's William Large, commenting in a story about ILR's 2015 Lawsuit Climate Survey. (WJNO Radio-Palm Beach, FL) Read More »