ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
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., 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 to limit somewhat the astronomical costs imposed on construction and redevelopment projects by New York’s antiquated ‘Scaffold Law.’”
ATRA president Tiger Joyce explained that, “Personal injury lawyers and plaintiff-friendly courts in the crumbling former Empire State have turned the century-old, one-of-a-kind law into an absolute liability standard for all gravity-related injuries suffered by workers at construction sites, regardless of the actual facts in any given case.
“The results of such absolute liability are sky-high project insurance costs dwarf those in other states,” Joyce continued, “and those billions in extra costs are invariably passed on to New York’s taxpayers, business owners, local governments, farmers and other private and public property owners.
“Even though a vast, bipartisan coalition, comprising virtually everyone except personal injury lawyers, has continued to press lawmakers in Albany for overdue state reform, the Scaffold Law remains in place as bridge and road building, the construction of schools and hospitals, and the development of affordable housing all cost much more than they should.
“Which is where Congressman Faso’s timely bill comes into play,” added Joyce. “It would preempt New York’s absolute liability standard on all projects receiving federal funding and thus help protect federal taxpayers from excess construction insurance costs while it also spurs economic redevelopment and job growth where it’s desperately needed.
“ATRA’s proud to join our New York allies in support of Congressman Faso’s bill, the Infrastructure Expansion Act of 2017, and we urge all members of the state’s congressional delegation to get behind it. Meanwhile, Assemblyman John McDonald (D-108th) deserves kudos for his tireless efforts to push state-based reform in Albany. Perhaps enactment of federal reform will have the salutary effect of finally motivating New York lawmakers to pass Scaffold Law reform of their own.”
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.