U.S. Chamber Institute for Legal Reform: Mass arbitration harming businesses, new paper finds

Harold H. Kim, President for U.S. Chamber Institute for Legal Reform
Harold H. Kim, President for U.S. Chamber Institute for Legal Reform - American Law Institute
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The U.S. Chamber Institute for Legal Reform announced a new paper with Skadden, Arps, Slate, Meagher & Flom LLP detailing abusive mass arbitration practices, including illegitimate claims and social media solicitations, which harm businesses and undermine trust in the legal system.

According to a post by the U.S. Chamber Institute for Legal Reform on X, the paper aims to shed light on what it describes as the “shadowy practice of mass arbitration.” The organization said that these practices undermine trust in the legal system and have detrimental effects on businesses across the nation. A link was provided for further details on their research.

The Perryman Group’s analysis for the American Tort Reform Association highlights that excessive litigation imposes a significant financial burden in California. It reports a tort tax of $2,834 per person, amounting to $11,336 annually for a family of four. This financial strain is linked to the elimination of over 300,000 jobs statewide each year and reduces California’s economic output by more than $35 billion due to litigation costs.

The U.S. Chamber Institute for Legal Reform reported that in 2022, costs and compensation within the U.S. tort system exceeded $529 billion. This figure translates to over $4,200 per household and represents 2.1 percent of the nation’s gross domestic product (GDP). Commercial tort liability accounts for 57 percent of these total costs.

The U.S. Chamber Institute for Legal Reform (ILR), an affiliate of the U.S. Chamber of Commerce established in 1998, focuses on reforming the civil justice system. ILR advocates for a fair legal framework that fosters economic growth through research, education, and policy initiatives while addressing issues such as excessive litigation and third-party litigation funding.



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