Tag Archives: litigiousness

Litigation Trends and the Class Action Factor

Survey more than 800 corporate counsel representing companies across 26 countries on litigation trends and issues and you get some insightful findings.

Such is the case with the recently released Norton Rose Fulbright 2015 Litigation Trends Annual Survey.

For example, class action lawsuits were listed as the top issue by respondents in the United States, Canada and Australia.

U.S.-based respondents also reported a more litigious business environment than their peers, with 55 percent facing more than five lawsuits filed against their companies in the previous 12 months, compared with 23 percent in the United Kingdom and 22 percent in Australia.

There are also significant differences in the types of litigation that U.S. companies face compared with their peers worldwide.

For example, personal injury litigation is much more prevalent in the U.S. than elsewhere, with 21 percent of those polled selecting it as one of the most numerous types of cases faced in the previous 12 months, compared to just 15 percent in the survey overall.

In addition, intellectual property/patents (18 percent) and product liability (17 percent) cases were more common in the U.S. than worldwide (13 percent and 11 percent, respectively).

Going forward, more U.S. respondents say regulatory/investigations are a top concern (48 percent) compared with the broader sample (39 percent).

Intellectual property (IP)/patents disputes are also of greater concern in the U.S. (30 percent) compared with all respondents (21 percent).

In addition, more U.S. respondents list class actions (25 percent) and product liability (18 percent) as top concerns compared with the total sample (18 percent and 14 percent, respectively).

In the words of Richard Krumholz, head of dispute resolution and litigation, United States, Norton Rose Fulbright:

Our survey clearly demonstrates that the litigation and regulatory environment in the United States continues to pose some of the greatest risks which businesses from around the world face. This is reflected in rising litigation budgets and the size of disputes-focused staff compared to peer companies around the globe.”

Just to be clear, the average U.S. company has 20 in-house lawyers to handle disputes and the number of U.S. companies with an annual litigation spend of $1 million or more increased from 52 percent to 69 percent from 2012 to 2014.

Slightly more than half of the survey respondents are from companies with headquarters in the U.S.

The  Insurance Information Institute (I.I.I.)  has an excellent resource on business liability insurance here.

Annual Tally of Most Ridiculous Lawsuits

A just-released list of the Top Ten Most Ridiculous Lawsuits of 2012 by the U.S. Chamber Institute for Legal Reform (ILR) is as good a place as any to start the New Year.

Heading the list? An intoxicated Florida driver who pleaded guilty to manslaughter and then sued the victim he killed.

In a  blog post, ILR President Lisa A. Rickard notes:

This poll reminds us that as a society, we sue too much. In turn, these abusive lawsuits inflict harm on lives, jobs, and our economic growth.†

The ILR puts together the top ten ridiculous list from votes cast throughout the year by visitors to FacesOfLawsuitAbuse.org. The lawsuits were selected from those featured in the website’s monthly polls for 2012.

Here’s the  complete  list of the Top Ten Most Ridiculous Lawsuits of 2012:

1. Intoxicated Florida driver pleads guilty to manslaughter, then sues victim he killed
2. Michigan woman files $5 million suit for the leftover gas still in her repossessed car
3. 13-year-old Little Leaguer sued by spectator who got hit with baseball
4. Maximum security inmate who went to jail with five teeth sues prison for dental problems
5. Anheuser Busch sued when longneck bottle used as weapon in bar fight
6. National Football League fan sues Dallas Cowboys over hot bench
7. California restaurateur sued for disabilities act violations in parking lot he doesn’t own
8. Colorado man wins $7 million blaming illness on inhaling microwave popcorn fumes
9. $1.7 billion suit claims City of Santa Monica wireless parking meters causing health problems
10. Bay Area parents sue school after their son was kicked out of honors class for cheating

Check out additional  facts and statistics  from the I.I.I. on litigiousness.