Research

01/01/2019

Featured Research

  • ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries. Read More

  • ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    May 07, 2020

    As the public health and economic consequences of COVID-19 continue to mount, plaintiffs' lawyers are looking for ways to expand upon their legal theories and bring opportunistic litigation. This edition of ILR Briefly explores four projected hot spots of COVID-19 litigation: exposure liability, product liability, medical malpractice, and securities litigation. The paper goes on to recommend targeted federal legislative and administrative solutions to combat abusive lawsuits in these areas and protect the economic recovery. Read More


All Results for Research

  1. ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020 | Research

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries.... Read More

  2. ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    May 07, 2020 | Research

    As the public health and economic consequences of COVID-19 continue to mount, plaintiffs' lawyers are looking for ways to expand upon their legal theories and bring opportunistic litigation. This edition of ILR Briefly explores four projected hot spots of COVID-19 litigation: exposure liability, product liability, medical malpractice, and securities litigation. The paper goes on to recommend targeted federal legislative and administrative solutions to combat abusive lawsuits in these areas and protect the economic recovery.... Read More

  3. ILR Briefly COVID-19 Series: Liability Overview

    April 23, 2020 | Research

    As Americans and businesses of all sizes are working together to get through the COVID-19 health crisis, plaintiffs' lawyers have already begun filing COVID-19-related lawsuits. Limiting litigation abuse is essential to making available the tools and resources needed to combat the virus, and ultimately to spurring economic recovery once the immediate health crisis has been resolved. This edition of ILR Briefly explores the current and anticipated types of litigation coming out of the COVID-19 pandemic.... Read More

  4. Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle

    April 13, 2020 | Research

    Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle examines the billion-dollar TV lawsuit advertising industry through five of the biggest mass tort litigations in recent history. The report shows how plaintiffs' lawyers and lawsuit aggregators spent $400 million to target ads at critical turning points across those five mass torts. But this isn't just a marketing campaign-it's an example of a highly problematic, frequently deceptive industry that can pose a risk for public health and mislead consumers and jurors.... Read More

  5. ILR Briefly: An Update on Securities Litigation

    March 25, 2020 | Research

    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

  6. Selling More Lawsuits, Buying More Trouble: Third Party Litigation Funding A Decade Later

    January 27, 2020 | Research

    Selling More Lawsuits, Buying More Trouble finds that the third party litigation funding industry has grown massively since ILR's original research on the subject, and that the ethical and practical concerns we identified with TPLF in 2009 were well-founded.... Read More

  7. 2019 Winter | ILR Research Review | Volume 6, Issue 3

    December 19, 2019 | Research

    Our Winter 2019 Research Review looks at a number of legal trends that are creating increasingly complex litigation and compliance burdens for companies-leaving the door open for plaintiffs' lawyers to profit.... Read More

  8. Mapping a Privacy Path: Liability and Enforcement Recommendations for States

    December 12, 2019 | Research

    When it comes to data privacy, the only way to effectively protect consumers' personal information while providing certainty and clarity to businesses is to create a single, preemptive, federal data privacy standard. However, until and unless Congress can provide such a standard, state lawmakers are obliged to step in and create state-level protections. Recognizing this reality, ILR's research offers state legislators a guide to limit unintended consequences of state privacy and security laws by preventing unnecessary litigation.... Read More

  9. Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019 | Research

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. ... Read More

  10. Uncharted Waters: Analysis of TPLF in European Collective Redress

    October 15, 2019 | Research

    Third party litigation funding-the practice of hedge funds investing in litigation in exchange for a cut of the proceeds-has begun to take root in Europe. Unfortunately, an almost total lack of transparency and regulation means that even as its supporters promise greater "access to justice," TPLF threatens the integrity of European civil justice systems. This ILR research paper details the state of play for TPLF in Europe and around the world, and urges EU legislators to take up a number of specific reforms to protect consumers and businesses.... Read More