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.
Congress is currently considering a number of important legal reform proposals that 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, 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.
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
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
Virginia's New Law Changes Clock For Asbestos Plaintiffs, And Overturns Supreme Court Decision.... Read More
Bayer AG asked a federal judge to toss a $265 million verdict because the jury in the case found no evidence that Monsanto Co.'s dicamba herbicide caused economic damages to a peach farmer's orchard, according to a report in The AM Law Litigation Daily. ... Read More
What do access and affordability of health care, the False Claims Act, and Medicare Advantage plans have in common? Turns out, quite a lot.... Read More
Federal Judge Awards Plaintiffs' Lawyers More Than $114M In Legal Fees... Read More
The first issue of ILR Briefly focuses on the securities litigation crisis: how record-high filings have become the new normal, how the Supreme Court's Cyan decision is creating real-world consequences for investors, how Coronavirus claims will likely be the new major front in event-driven litigation, and why not all lawyers can be trusted to protect class interests when millions of dollars in fees are at stake.... Read More
As demand for hand sanitizer surges, producers face another lawsuit... Read More
Oklahoma Senate Votes to Put a Cap on Non-Economic Damages and TPLF Deal Raises Ethical Red Flags.... Read More
While prior outbreaks such as the SARS, MERS and Ebola outbreakscaused no D&O claims, COVID-19 continues to be different according to a report in D&O Diary. ... Read More
Recorded conversations prove that a Pennsylvania man who has filed dozens of lawsuits is intentionally taking advantage of a federal law to extort settlements from defendants, according to a report in the Pennsylvania Record.... Read More
Trial Lawyers Ads Are Impacting on The Cost of Insurance for the Trucking Industry: While many factors are contributing to increased insurance costs, including equipment repair, increased safety measures, and rising medical costs, the most damaging culprit might be trial lawyer billboards. ... Read More
