Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

  • About TLR
    • Our Mission
    • Our Team
    • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
    • Special Reports
    • In the News
    • Press Releases
    • The Advocate
    • TLR Blog: For the Record
  • Get Involved
  • Contact
    • Contact Us
    • Invite a TLR Speaker
  • Donate
  • Stay Informed
In the News

Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle

Institute for Legal Reform, April 13, 2020

By U.S. Chamber Institute for Legal Reform

“Have you or a loved one been hurt? You deserve compensation! Call now to get $$$!” Everyone in America has seen some version of that TV ad. Usually, it comes with scary music, a dramatic voiceover, and some official-sounding language about a “medical alert” or a “drug alert.” The bombastic language and overdramatic visuals can mask the fact that these ads are often part of highly sophisticated campaigns that systematically target key moments in the litigation lifecycle to maximize profits for the plaintiffs’ lawyers.

Gaming the System examines five of the biggest mass tort lawsuits in recent history, documenting how plaintiffs’ lawyers and lawsuit lead generators deployed over $400 million to amass clients, pressure settlements, and perhaps even influence juries.

The research shows that when it comes to mass torts, the lawsuit advertising spend tends to fluctuate and ad content is often modified in response to a few key events:

  • Triggering Event: Mass tort advertising begins after a triggering event such as publication of a scientific study suggesting an association between a product and an illness (even if weak or flawed), a government organization’s initiation of an investigation, or an organization classifying a substance as a possible carcinogen.

  • Optimism-generating Event: Advertising increases further if subsequent events—such as an early plaintiffs’ victory or denial of a motion to dismiss—suggest that the litigation will likely go to trial and have a good chance of success.

  • Surge-generating Event: Advertising spikes after a blockbuster award or after rumors of a global settlement begin to swirl. Plaintiffs’ lawyers highlight these events in ads to suggest viewers may get similar results, or to create time pressure to join the litigation.

  • Advertising-depressing Event: Plaintiffs’ lawyers and lead generators typically reduce lawsuit advertising when events occur that lead them to question the soundness of their investment in the litigation. Such events can include a court dismissing a claim or rejecting the plaintiffs’ expert testimony, a jury returning a defense verdict, or a reputable organization finding that the science does not support claims made in the litigation.

This sophisticated ad cycle can create serious health consequences for vulnerable individuals—as outlined in ILR’s 2017 research paper and subsequent FDA research—and can confuse juries. The research concludes with a call to action for legislators, regulators, and courts, all of which have a role to play in ensuring that these ads do not mislead the public, harm public health, or jeopardize the right to a fair trial.

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Texans for Lawsuit Reform

6 hours ago

Texans for Lawsuit Reform

In case you missed it: Specialized business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly and expertly handle complex business litigation, freeing up other courts to handle other types of cases. Read and share: bit.ly/3y7zwnI ... See MoreSee Less

Link thumbnail

Making Business Our Business

bit.ly

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitter? While the nuances of this deal are daily fodder...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 0
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

The federal judge who supervises multidistrict opioid litigation had ordered a certain percentage of future opioid settlements to be set aside for plaintiffs’ lawyers who have similar cases outside the MDL, diverting more settlement money away from the victims. Read & share: bit.ly/3NqcDQP ... See MoreSee Less

Link thumbnail

Multidistrict Opioid Litigation Continues to Enrich Plantiffs' Lawyers

bit.ly

Multidistrict opioid litigation is once again being used to the advantage of plaintiffs’ lawyers. This very serious issue requires a victims-first approach, not a plaintiffs’-lawyer-payday-first a...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 1
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

A month passed before Harris County courts brought in 18-year-old Corey Hodges, who violated his bond conditions 37 times. Crime Stoppers’ Andy Kahan blames the initial judge's lack of enforcement on his first bond violation back in 2015. Read and share: bit.ly/3A6vLjC ... See MoreSee Less

Link thumbnail

18-year-old charged with murder, aggravated assault violates bond conditions at least 37 times

bit.ly

HARRIS COUNTY, Texas – 18-year-old Corey Hodge could be a poster guy for Breaking Bond. “This is clearly you are breaking your bond conditions,” said Andy Kahan with Crime Stoppers. On April 17,...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 1
  • Shares: 1
  • Comments: 0

Comment on Facebook


Follow us on Twitter

lawsuitreform avatarTLR@lawsuitreform·
25m 1542991625462464513

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

bit.ly

Reply on Twitter 1542991625462464513Retweet on Twitter 1542991625462464513Like on Twitter 1542991625462464513Twitter 1542991625462464513
lawsuitreform avatarTLR@lawsuitreform·
6h 1542901497490456578

#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

bit.ly

Reply on Twitter 1542901497490456578Retweet on Twitter 15429014974904565781Like on Twitter 1542901497490456578Twitter 1542901497490456578
lawsuitreform avatarTLR@lawsuitreform·
30 Jun 1542629262443905024

Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

bit.ly

Reply on Twitter 1542629262443905024Retweet on Twitter 1542629262443905024Like on Twitter 1542629262443905024Twitter 1542629262443905024

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
  • Our Mission
  • Our Team
  • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
  • For the Record
  • Special Reports
  • In the News
  • Press Releases
  • Invite a TLR Speaker
  • Get Involved
  • Invite a TLR Speaker
  • Donate
  • Stay Informed
  • Contact TLR

Copyright © 2022 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2022 · Texans for Lawsuit Reform.
All rights reserved.
Privacy Policy