Research

01/01/2019

Featured Research

  • 2019 Lawsuit Climate Survey: Ranking the States

    2019 Lawsuit Climate Survey: Ranking the States

    September 17, 2019

    The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses Read More

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

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

    October 21, 2019

    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


All Results for Research

  1. ILR Research Review - Spring 2019

    March 21, 2019 | Research

    The rising pace of private securities class actions could present a threat to the health of U.S. capital markets, while the ongoing wave of municipality lawsuits stands in the way of global settlements and undermines the authority of lawmakers and state attorneys general. White papers covered in this edition of the ILR Research Review detail the causes and current state of these litigation trends, along with a full suite of solutions to address them.... Read More

  2. Mitigating Municipality Litigation: Scope and Solutions

    March 06, 2019 | Research

    Municipalities are testing the boundaries of their litigation authority, claiming damages for wide-ranging matters of public policy including opioid abuse, climate change, and data privacy breaches. This paper is the first to document how and why municipalities and contingency fee lawyers are undermining legislators and state AGs with these lawsuits, the problems this trend is causing, and what states can do about it. ... Read More

  3. Waking the Litigation Monster: The Misuse of Public Nuisance

    March 06, 2019 | Research

    Local governments are increasingly teaming up with contingency fee lawyers to influence public policy issues through litigation, largely through attempts to expand the public nuisance doctrine. ILR's research outlines the origins and development of public nuisance litigation, shows the ongoing efforts of activists and attorneys to morph this theory into an all-purpose cause of action, and calls on courts to reject expanding judicial authority inappropriately into the legislative and executive branches. ... Read More

  4. Containing the Contagion: Proposals to Reform the Broken Securities Class Action System

    February 25, 2019 | Research

    Record-high numbers of securities class action filings are swamping the protections that Congress created in 1995. In fact, the likelihood that a public company will be sued has never been greater, and the bulk of these lawsuits show the classic signs of litigation abuse. However, solutions are at hand. This research proposes regulatory and legislative action to contain the securities litigation contagion.... Read More

  5. Risk and Reward: The Securities Fraud Class Action Lottery

    February 25, 2019 | Research

    Securities fraud class action lawyers are playing the "litigation lottery," filing often meritless cases against big companies on the off-chance of a big settlement. This research looks at all securities fraud class actions filed between 2005 and 2016 to reveal the true incentives that motivate plaintiffs' lawyers to roll the dice on these lawsuits, despite their high dismissal rate.... Read More

  6. ILR Research Review - Fall 2018

    November 20, 2018 | Research

    ILR's Fall 2018 research cycle was about two things: spotting new, destructive legal trends before they become unstoppable, and highlighting concrete progress in addressing long-standing litigation challenges. The 2018 Fall Research Review reveals the exploding costs of the U.S. tort system, and examines developments in securities litigation, forum shopping, False Claims Act policy reform, and the European Commission's project to implement class actions.... Read More

  7. Costs and Compensation of the U.S. Tort System

    October 24, 2018 | Research

    The tort system cost Americans $429 billion in 2016. That's the principal finding from ILR's new research, which arrives at that shocking figure by examining data on liability insurance premiums and estimates of the liability exposure of businesses and individuals that are uninsured or self-insured. The research also indicates that only 57 percent of the $429 billion went to plaintiff compensation. The rest went to lawyers' fees and other expenses.... Read More

  8. A Rising Threat: The New Class Action Racket That Harms Investors and the Economy

    October 24, 2018 | Research

    Abusive securities class action lawsuits are imposing huge costs on investors without providing any benefit, and the only winners are the lawyers, who take home millions of dollars in fees. This research documents how the plaintiffs' bar has adapted to the litigation reforms of the ‘90s to launch a new wave of securities class actions-one that is already reaching record heights.... Read More

  9. A 'Fair Deal' for Consumers? An Update on EU Consumer Attitudes Towards Collective Actions and Litigation Funding

    July 11, 2018 | Research

    As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States.... Read More

  10. Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018 | Research

    This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs.... Read More