Research

Featured Research

  • Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

    Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

    May 15, 2019

    Plaintiffs do better in employment arbitration than in litigation. That's the key finding from research performed by ndp|analytics, which among other things shows that during the study period of 2014-2018, employee-plaintiffs were three times as likely to win arbitration cases that terminated in awards than they were to win comparable cases in litigation. The average dollar award for employee-plaintiffs was over 90 percent higher in arbitration cases than in litigation, and the average arbitration case was also much faster to resolve. 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