The rules of the ball game have changed.

• Jurisdiction: United States
• Author: Read, Gregory C.
• Date: 01 July 2001

HISTORICALLY, corporations and their defense counsel have been able to outnumber, outspend and outlast most plaintiffs' counsel who filed lawsuits against them. But the balance of power is changing. The plaintiffs' bar is getting stronger, richer and more powerful. With an estimated total annual income of $25 billion, contingency fee lawyers have the money and motivation to become even more involved in changing the rules of the game to make it easier for them to win against corporate America.

Plaintiffs' lawyers spend millions of dollars on judicial and legislative elections in order to stack the deck in their favor. They are organized and well-financed lobbyists who actively oppose tort reform and support legislation making it easier to recover against corporations. They have increasingly used class actions and consumer fraud statutes to enhance their leverage against corporations. And now the advent of virtually automated litigation is having a dramatic impact on tilting the playing field in plaintiffs' favor.

Fueling the "Litigation Machine"

At the April Lawyers for Civil Justice meeting in Washington, D.C., the presidents of several defense bar organizations had the opportunity of participating in a panel discussion led by Business Week contributing editor Mike France. The discussion focused on a fascinating and well-researched article, "The Litigation Machine," written by Mr...