ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
Lessening Liability Amid Coronavirus Outbreak Supported by ATRA
-UPDATE- The Families First Coronavirus Response Act was passed by the Senate and signed into law by President Trump on March 18, 2020. MEDIA STATEMENT Last night, the U.S. House […]
The Families First Coronavirus Response Act was passed by the Senate and signed into law by President Trump on March 18, 2020.
Last night, the U.S. House of Representatives passed the Families First Coronavirus Response Act, which includes liability protection for manufacturers of some respiratory masks.
Last Thursday, U.S. Health and Human Services Secretary Alex Azar declared under the Public Readiness and Emergency Preparedness Act (PREP Act) that healthcare workers and others working to combat COVID-19 will be offered certain liability protections.
ATRA is encouraged to see federal agencies and Congress recognize the importance of allowing manufacturers to develop lifesaving devices without fear of retaliation by trial lawyers who look to capitalize on national emergencies, as so often is the case. While we are disappointed the House version of this bill includes liability protection only for disposable masks, we urge the Senate to consider an amendment that provides liability protection for all types of respirator masks certified by the National Institute for Occupational Safety and Health.
Lessening liability both on healthcare workers and companies manufacturing lifesaving devices are commonsense measures as the country bands together to find the best solutions to move forward. Liability protections will enable those who are on the frontlines in healthcare to work toward combating this outbreak, without fear of legal repercussions in the likely circumstance that they may have to turn some patients away. Similarly for manufacturers, protection from lawsuits allows them to provide an ample supply of masks for healthcare workers and patients to slow the spread and protect immunocompromised individuals without fear of legal backlash should any of those masks fail. However, in the unlikely case that a manufacturer practices gross negligence, such companies will be held accountable under the current provisions.
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.