ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
ATRA Lauds Nomination of Judge Gorsuch to SCOTUS
10th Circuit Record Shows ‘Refreshing’ Disinclination to Legislate from Bench WASHINGTON, D.C., February 1, 2017 – Noting Judge Neil Gorsuch’s “refreshing record of leaving lawmaking to elected lawmakers,” the American […]
10th Circuit Record Shows ‘Refreshing’ Disinclination to Legislate from Bench
WASHINGTON, D.C., February 1, 2017 – Noting Judge Neil Gorsuch’s “refreshing record of leaving lawmaking to elected lawmakers,” the American Tort Reform Association today voiced optimism about his nomination to the U.S. Supreme Court and “the perspective he’ll bring in helping to make our civil justice system more predictably fair.”
“Judge Gorsuch’s 10-year tenure on the Tenth Circuit Court of Appeals indicates that he’s a highly qualified jurist with an ‘originalist’ or ‘textualist’ approach, much like that of the late Justice Antonin Scalia,” began ATRA president Tiger Joyce.
“Judge Gorsuch has written hundreds of opinions,” Joyce continued, “and virtually all of them evince a genuine fairness with concern and respect for all parties to the litigation before him. President Trump certainly deserves credit for nominating this particular judge to fill the Supreme Court’s open seat.”
Briefly turning to confirmation politics, Joyce noted a virulent hyper-partisanship that has slowed confirmation for almost all of the new administration’s nominees.
“But ATRA is hopeful that reasonableness will ultimately win the day, and that senators will confirm Judge Gorsuch fairly soon so he can hear arguments and weigh in on critical high court cases revolving around the due-process violations that result from personal injury lawyers’ forum-shopping, as well as National Labor Relations Board actions that seem to fly in the face of the frequently upheld Federal Arbitration Act.”
Joyce added that ATRA is also watching closely a case it hopes will clarify the presumptions trial courts can make when considering class action certification in anti-trust cases (International Paper), and another involving successor liability in a bankruptcy sale that could curb a strain of litigation that enriches the plaintiffs’ lawyers who drive it while offering little relief to class members (In Re Motor Liquidation).
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.
Business leaders and tort reform advocates have welcomed changes that will limit punitive damage awards in Missouri, John Lewis of the St. Louis Record writes.
The 9th Circuit Court of Appeals has an opportunity to redirect policy and push back on activist attorneys’ attempts to improperly expand public nuisance law. With Covid-19 public nuisance lawsuits coming, Tiger Joyce, president of the American Tort Reform Association, discusses the importance of the climate change lawsuit.
The Missouri legislature passed S.B. 591 to amend the Missouri Merchandising Practices Act (MMPA) and the standards by which punitive damages are awarded.
ATRA is grateful to both President Trump’s administration and Senate Majority Leader Mitch McConnell (R-Ky.) for prioritizing liability protections for health care workers, manufacturers and business owners.
West Virginia Senate President Mitch Carmichael says legislation is being drafted to ensure liability protections to protect small business owners and workers, especially health care workers who are protecting our state’s citizens amid the Coronavirus pandemic, writes Chris Dickerson of the West Virginia Record.
Today, West Virginia Senate President Mitch Carmichael announced he is drafting legislation which aims to protect West Virginians from liability related to the COVID-19 pandemic. ATRA supports legislative action to […]
Louisiana lawyers spend millions soliciting their services and alarming citizens.
Senate Majority Leader Prioritizes Employer Liability Protection Shield
During a pandemic, where contagious people crowd spaces shared with the uninfected or the healthy, concern over liability is heightened, writes Brandi Buchanan of Courthouse News Service.
As businesses reopen during the COVID-19 pandemic, tort reformers are mobilizing to enact federal and state protections against an anticipated plethora of personal injury lawsuits, writes Amanda Bronstad of Law.com.