Research

Featured Research

  • 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

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

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

    May 15, 2019

    Contrary to the assertions made by the opponents of arbitration, employees in disputes with their employer are more likely to win cases, get more compensation, and get it more quickly in arbitration than in litigation. This study, performed by ndp | analytics, examined nearly 100,000 cases between 2014 and 2018, including over 90,000 federal lawsuits and 10,000 arbitrations. Read More


All Results for Research

  1. West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

    January 10, 2018 | Research

    West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.... Read More

  2. ILR Research Review - Fall 2017

    November 30, 2017 | Research

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe.... Read More

  3. Unstable Foundation:
    Our Broken Class Action System and How to Fix It

    October 24, 2017 | Research

    Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct.... Read More

  4. Collective Redress Tourism:
    Preventing Forum Shopping in the EU

    October 24, 2017 | Research

    The EU is experiencing a wave of new "collective redress" or "class action" mechanisms being introduced in the Member States. However, there is little consistency across the EU regarding when or how actions may be brought, and the features... Read More

  5. Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017 | Research

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits... Read More

  6. Recipe for Reform:
    A Proposal for Improving Canadian Class Action Procedures

    October 24, 2017 | Research

    There are serious concerns that many aspects of and developments in the class action regimes in Canada impose unwarranted burdens on defendants and the courts, at the ultimate expense of shareholders, taxpayers and consumers.... Read More

  7. Supporting Safeguards:
    EU Consumer Attitudes Towards Collective Actions
    and Litigation Funding

    September 27, 2017 | Research

    As the Commission of the European Union prepares to make a significant policy decision on collective actions (known as class actions in the United States), it is important to assess how European consumers feel about the development of these mechanisms. This survey captured 6,177 consumers in six EU Member States... Read More

  8. 2017 Lawsuit Climate Survey: Ranking the States

    September 12, 2017 | Research

    The 2017 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by Harris Poll to explore how fair and reasonable the states' liability systems are perceived to be by U.S. businesses.... Read More

  9. 101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice - FIFTH EDITION 2017

    September 12, 2017 | Research

    A user's guide to state legal reforms, providing policymakers with a compendium of options available to foster a sound legal system and promote state economies. This resource also offers a compilation of recently-enacted legal reforms to show how legislators can move the proposals described in the guide from theory into practice.... Read More

  10. TCPA Litigation Sprawl: A Study of the Sources and Targets of Recent TCPA Lawsuits

    August 31, 2017 | Research

    TCPA Litigation Sprawl is a macro-level analysis of Telephone Consumer Protection Act (TCPA) litigation that reviews all TCPA federal complaints and a segment of electronically-available state complaints from a 17-month period after the Federal Communications Commission's (FCC) issued its July 2015 Omnibus Declaratory Ruling.... Read More