WASHINGTON, D.C., January 4, 2018 – Today, the Wisconsin Assembly Judiciary Committee will hold a hearing on AB 773, a multi-part legal reform package that includes very important reforms to […]
ATRA Criticizes NY Assembly Committees’ Anti-Arbitration Bills ‘Driven by Trial Lawyers and Lopsided Media Coverage’
Cites Study Showing Consumers Actually More Likely to Prevail in Arbitration than in Court
Washington, DC, February 10, 2016 — WASHINGTON, D.C., February 10, 2016 – The American Tort Reform Association today criticized elements of the New York State Assembly for pursuing legislation that, at the behest of the politically powerful plaintiffs’ bar, would make fair, quick and relatively inexpensive dispute arbitration more costly and less accessible for consumers and businesses, contrary to federal law.
“The anti-arbitration hearing to be jointly conducted in Manhattan today by the Assembly’s consumer and judiciary committees promises to offer little more than some election year political ax-grinding driven by New York’s influential trial lawyers and a lopsided series in the New York Times,” observed ATRA president Tiger Joyce, referring to both the Committee on Consumer Affairs and Protection and the Committee on Judiciary as they consider two bills, A.B. 108 and A.B. 8191, which would heap huge data collection and reporting costs, along with other regulatory burdens and outright prohibitions on arbitration service providers.
In a letter sent yesterday to the respective chairs of the two committees, Joyce made clear that arbitration can be a quicker, more efficient and less costly alternative to drawn out lawsuits that often benefit plaintiffs’ lawyers far more than their consumer clients. The letter also cites a study of consumer arbitration by the Searle Civil Justice Institute at Northwestern University School of Law which shows that consumers prevail more often in arbitration than in court.
“Both consumers and business owners in New York should be troubled by the apparently blinding desire of many in the Assembly to curry favor with the plaintiffs’ lawyers who make generous campaign contributions,” Joyce suggested. “After all, surely these state lawmakers know that the Federal Arbitration Act, on the books since 1925, and a growing body of federal case law largely preempt state laws seeking to prohibit or regulate pre-dispute arbitration agreements.
“Even California Governor Jerry Brown saw fit to veto similar legislation last October, citing among other things the likelihood of the bill being struck down by federal courts. So Governor Andrew Cuomo would presumably be wise enough to do the same if cooler heads in New York’s Senate don’t prevail sooner in stopping these Assembly bills before they can do real harm.
“Meanwhile, New York voters should understand that limits on arbitration mean more lawsuits, and more lawsuits mean more influence for wealthy plaintiffs’ lawyers, the likes of whom did so much to elevate corruption-convict Sheldon Silver to the pinnacle of political power in Albany,” Joyce concluded. CONTACT: Darren McKinneydmckinney@atra.org or 202-682-0084.
The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level. The American Tort Reform Foundation is a sister organization dedicated primarily to research and public education.
News & Events
WASHINGTON, D.C., December 22, 2017 – The American Tort Reform Association is criticizing yesterday’s California Supreme Court decision to allow an “innovator liability” claim to proceed to trial as “both […]
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois […]
WASHINGTON, D.C., December 1, 2017 – This week, the Wisconsin Legislature unveiled its 2018 civil justice platform which features two of the American Tort Reform Association’s highest priorities: discovery […]
WASHINGTON, D.C., November15, 2017 – During its annual fall legislative conference in Austin, Texas last evening, the American Tort Reform Association presented Wisconsin Gov. Scott Walker with its “Civil Justice […]
WASHINGTON, D.C., October 3, 2017 – The American Tort Reform Association is cheering a U.S. Court of Appeals for the Fifth Circuit decision last Friday that reversed a record-setting $663 […]
ATRA Backs Congressman Faso’s Pro-Growth Reform Bill Aimed at New York’s Antiquated and Costly ‘Scaffold Law’
WASHINGTON, D.C., September 19, 2017 – The American Tort Reform Association today announced its support for reform legislation introduced by Congressman John Faso (R-NY) that “will allow the federal government […]
WASHINGTON, D.C., August 28, 2017 —The American Tort Reform Association (ATRA), along with the National Association of Manufacturers (NAM) and the Pharmaceutical Research and Manufacturers of America (PhRMA) on Friday […]
WASHINGTON, D.C., August 23, 2017 – The American Tort Reform Association (ATRA) today praised Virginia attorney general candidate John Adams for embracing good-government principles by signing ATRA’s 2017 Transparency Code […]
WASHINGTON, D.C., August 22, 2017 – Citing California’s stubborn and long criticized reluctance to adopt unambiguously the more exacting Daubert standard for expert evidence used in all federal courts and […]
WASHINGTON, D.C., June 19, 2017 – Acknowledging the “growing scope, seriousness and complexity of our nation’s problems with the abuse of federally approved pain medication,” the American Tort Reform Association […]
WASHINGTON, D.C., June 19, 2017 – With today’s announced decision of a third significant jurisdictional case by the U.S. Supreme Court this term, the American Tort Reform Association applauded the […]
ATRA Cheers Enactment of ‘Expert Witness’ Reform, Says Old Standard Helped Make Missouri the ‘Show Me Your Lawsuits State’
WASHINGTON, D.C., March 28, 2017 – With Gov. Eric Greitens expected to sign a key tort reform bill into law today, the American Tort Reform Association pointed again “to the […]
Costly New Anti-Arbitration Rule Aimed at Nursing Homes Is Administration’s Latest Gift to Trial Lawyers
ATRA Urges Media to Focus on Other ‘Midnight’ Regulations Expected to Favor Big Donors to President’s Party as Time Runs out on His Second Term
Urges NY Lawmakers to Pass Asbestos Transparency Legislation, Says AG Schneiderman Should Investigate Fraud by Asbestos Plaintiffs’ Lawyers