Latest in Legal Reform

TODAY’S NEWS: The New York Times writes on the widespread influence of Dickie Scruggs, a former plaintiffs’ class action attorney now serving time for illegally influencing public figures in order to win his cases. While Scruggs was originally convicted for bribing a judge for a verdict, recent investigations have revealed that his corruption reached the state auditor and at least two judges.

TODAY’S NEWS: The 9th Circuit Court of Appeals will reconsider a three-judge panel’s decision to grant class certification in a sexual discrimination case against Wal-mart. Read more in the Wall Street Journal.

TODAY’S NEWS: A Washington Examiner column criticizes the inclusion of numerous seemingly unrelated provisions in the stimulus package, including a provision making “innocent third parties subject to state-sponsored jackpot lawsuits over unintentional, technical violations of privacy regulations.”

Dropped Lead Paint Lawsuit a Wake-Up Call to Plaintiffs' Lawyers

By Lisa Rickard

The Ohio attorney general's decision to drop this ill-conceived lawsuit thwarts the latest attempt by the plaintiffs' bar to turn lead paint into its next cash cow.

In abandoning the suit, Attorney General Cordray follows the legal pattern set by the Supreme Courts of Missouri, New Jersey, and Rhode Island, each of which repudiated the application of a novel, but improper, use of the centuries old public nuisance theory to establish liability for alleged lead paint injuries.

Hopefully, this latest action will be a wake-up call to plaintiffs' lawyers who hoped to grow their businesses by filing untenable public nuisance lawsuits in jurisdictions across the country.

New Research Released at Legal Reform Summit

At October's Legal Reform Summit, ILR released new research on federal preemption and corporate criminal liability, and Commerce Secretary Gutierrez released a new study on the U.S. legal environment’s impact on foreign investment.

Read the press release

The Preemption Defense in Tort Actions: Law, Strategy, and Practice

Reforming Corporate Criminal Liability to Promote Responsible Corporate Behavior (pdf)

Department of Commerce: The U.S. Litigation Environment and Foreign Direct Investment (pdf)

Commerce Secretary Gutierrez Keynoted Legal Reform Summit

October 29, 2008
Washington, DC

ILR's summit featured panel discussions on a number of important issues. The Hon. Carlos M. Gutierrez, United States Secretary of Commerce, delivered the morning keynote address on the U.S. legal environment’s impact on foreign investment. Tom Donohue, President and CEO of the U.S. Chamber of Commerce, delivered the luncheon keynote address on the future of legal reform.

Read the press release

View agenda (pdf)

Learn more

When the Faces of Lawsuit Abuse Look a Lot Like You

By Lisa Rickard

“The way you run your business—you start to second guess how you do business, because you're worried about the next lawsuit. And that's not the way to run a company.” – Howard Weiss

Reading this quote, you might think Howard is the CEO of a large corporation that has problems with mega class action lawsuits.

It is true that Howard owns a company that was sued. But his business—Contemporary Watercrafters of Rockville, Maryland—is a locally-owned swimming pool maintenance and supply company that employs about twenty people.

Howard’s small business was the target of an enormous lawsuit that could have forced him to close his doors. His offense? A wild Canada goose nesting outside his store startled a passerby, causing her to fall.

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