The wave of litigation in California is not likely to ebb anytime soon, as demonstrated by the results of an annual survey of litigation trends.
Ninety-one percent of California companies surveyed reported having lawsuits commenced against them over the past year, according to a Daily Journal op-ed by Robert W. Fischer Jr., a partner at the Los Angeles office of Fulbright & Jaworski (subscription only).
Also, the percentage of companies in California with more than 20 lawsuits commenced against them in the past year doubled -- from 16% in 2008 to 32% this year (which is also above the national average).
Other results from the survey include:
• The state again topped the national average in companies with a class action brought against them during the 12 months prior to the June 2009 survey: National average: 30%, California: 39%;
• In the labor/employment area, 22% of California companies reported an increase in multi-plaintiff wage-and-hour disputes in the last 12 months, well above the national average of 17%; and
• One of every six Californians surveyed believe the economic crisis produced more lawsuits, and more than one in five say their companies practice tighter cost controls over litigation as a result of the economic downturn.
This is the sixth year that Fulbright & Jaworski L.L.P. has commissioned a poll of corporate law departments in the U.S. and U.K. on the state of global litigation. The poll, conducted by an independent research firm, is the largest that tracks dispute-related issues and opinions of senior corporate counsel throughout the United States and the United Kingdom.
A total of 408 respondents participated in this year's survey from May to July; California respondents comprised 8% of the U.S. sample in the survey, which divides the country into seven regions.
The full survey can be downloaded here.