ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
ATRA Supports Sen. Sasse Liability Shield
ATRA details its support of inclusion of the Facilitating Innovation to Fight Coronavirus Act in the fourth coronavirus stimulus package.
While Congress grapples with what to include in the fourth coronavirus relief package, ATRA applauds the leadership of Sen. Ben Sasse (R – Neb.) in acknowledging the need for additional liability protections for health care workers. Sen. Sasse introduced the Facilitating Innovation to Fight Coronavirus Act which would limit liability for health care providers who are testing, treating or otherwise countering the effects of coronavirus.
While the Good Samaritan provision included in the CARES Act provided protection for volunteer health care workers, ATRA urges Congress to include language in the upcoming fourth package similar to that which Sen. Sasse proposed. This additional protective measure is an important step toward ensuring that our nation’s brave health care workers are empowered to fight this highly contagious virus to the best of their abilities each day without fear of legal repercussions.
This bill would limit liability for workers who:
- use or modify a medical device for an unapproved use or indication;
- practice without a license or outside of an area of specialty if instructed to do so by an individual with such a license or within such an area of specialty; or
- conduct the testing of, or the provision of treatment to, a patient outside of the premises of standard health care facilities. (Source: Office of U.S. Sen. Ben Sasse Press Release)
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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.