The federal government and the states each play an important role in addressing the problem of lawsuit abuse. Many important legal reforms have been enacted and implemented at the federal level, ensuring reliable national standards that give businesses the predictability they need in order to operate. 

Pending legislation in Congress would help restore balance to America's civil justice system. These include national preemptive data privacy legislation, asbestos litigation reform, and disclosure of third-party funding arrangements, among others. In addition, the unprecedented situation arising out of the COVID-19 pandemic is ringing liability-related alarm bills on both sides of Capitol Hill as well as with the Executive Branch. For more detail see the COVID-19 Litigation Issues page.

Beyond the fight in Congress regarding legal reform measures, some Departments of the Executive Branch have promulgated internal reforms that are designed to ensure fairness and due process in enforcement actions. For example, both the Department of Transportation and the Department of Justice have announced that their civil enforcement actions must be based on clear statutory or regulatory authority. The Justice Department also has adopted policies to encourage corporate compliance programs and cooperation in investigations; these policies will increase corporate adherence to regulatory requirements and preserve finite government resources. For more detail see the Over-Enforcement page.

Finally, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, federal courts, and regulatory agencies. For example, the trial bar is working to increase class action litigation, eliminate the availability of pre-dispute arbitration agreements and increase liability against product manufacturers.


Suggested Resources

  • Ill-Suited: Private Rights of Action and Privacy Claims

    Ill-Suited: Private Rights of Action and Privacy Claims

    July 11, 2019

    Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection. Read More

  • MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    April 24, 2019

    Multidistrict litigation proceedings (MDLs) were created as an efficient way to handle pretrial proceedings in hundreds or thousands of similar cases against the same defendant. Unfortunately, MDLs also give plaintiffs an unfair advantage when it comes to appeals. If a defendant makes a dispositive motion-on preemption or expert evidence, for example-and is denied, it won't normally have access to immediate appeal. But if the defendant wins the motion, plaintiffs can appeal right away. This paper argues for courts to give MDL plaintiffs and defendants equal access to appellate review. Read More

All Results for Federal

  1. Appeals Court Reverses 'Negotiation Class' Created for Opioid MDL

    September 25, 2020 | News

    A federal appeals court rejected a novel "negotiation class" comprised of all cities and counties suing them over the nationwide opioid crisis settlement, according to a report in Law.com. ... Read More

  2. McDonald Faces Suit Over Vanilla Flavor In Ice Cream

    September 22, 2020 | News

    McDonald's is facing a proposed class action in California federal court over its soft serve according to a report in Law360. The suit filed by Scott Craig Borison of Borison Firm LLC and Spencer Sheehan of Sheehan & Associates PC is the latest in a series of false ad suits centering on vanilla-flavored ice cream products.... Read More

  3. Litigation Funders Join Together To Form Global Advocacy Group

    September 10, 2020 | News

    The twelve leading litigation finance firms have set up the International Legal Finance Association (ILFA) according to a report on Law.com.... Read More

  4. In Dissent, 9th Circ. Judge Rips Fees Equaling $6,700 An Hour

    September 03, 2020 | News

    In a split decision, the Ninth Circuit panel affirmed the approval of a $14.5 million attorney fee award in a class action over Bank of America's overdraft fees, with a dissenting judge criticizing the deal for awarding class counsel fees that come out to $6,700 per hour, according to a report in Law360.... Read More

  5. Study: Mass Tort Plaintiffs Paying Dearly For Loans, Regulation Needed

    September 01, 2020 | News

    ... Read More

  6. FCPA Enforcement, Compliance Trends During The Pandemic

    August 27, 2020 | News

    ... Read More

  7. TPLF, Short-Seller Use Undermines Securities Class Actions

    August 26, 2020 | News

    Two factors in the securities class action arena are exacerbating the potential for conflicts of interest according to an expert analysis by Nessim Mezrahi in Law 360. ... Read More

  8. In the News Today - August 25, 2020

    August 25, 2020 | News

    Lawyers fight dismissal request of Frito-Lay in case over cheddar and sour cream chips... Read More

  9. Gilead Says Law Firm's Ads Misrepresent HIV Drug Suit

    August 25, 2020 | News

    Gilead Sciences Inc. has asked a California federal court to admonish a plaintiff's firm representing people who have taken the anti-HIV drug Truvada and related products, alleging that the firm's ads regarding the drug's effects ... Read More

  10. In the News Today - August 21, 2020

    August 21, 2020 | News

    Class Action Lawyers Won't Quit Case Against The Impossible Whopper... Read More