ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
6th Circuit Finds Multidistrict Litigation Must Comply with Federal Rules of Civil Procedure
Statement from the American Tort Reform Association applauding a writ of mandamus issued by the 6th Circuit Court of Appeals.
ATRA applauds the 6th Circuit Court of Appeals for its decision in In Re: CVS Pharmacy, Inc., in which it issued a writ of mandamus in an important case regarding multidistrict litigation (MDL). In the decision, issued April 15, 2020, the Court held that the Federal Rules of Civil Procedure apply to MDLs “just as it does in individual litigation.”
Writing for the Court, Judge Raymond Kethledge stated, “MDLs are not some kind of judicial border country, where the rules are few and law rarely makes an appearance.” He continued, “an MDL court’s determination of the parties’ rights in an individual case must be based on the same legal rules that apply in other cases, as applied to the record in that case alone.”
The opinion arose out of the opioid multidistrict litigation pending in federal court in Ohio. The MDL includes more than 2,700 cases filed by counties, municipalities and states across the country. The Court was asked to address three rulings by the lower court that disregarded the Federal Rules of Civil Procedure. The district court allowed the counties to amend their complaint to include additional allegations against several pharmacies 19 months after the deadline and required the defendants to produce data for almost every opioid prescription filled anywhere in the United States for the past 13 years.
As a result of this decision, bellwether cases against the pharmacies over dispensing allegations may not proceed because the claims were added too late.
While multidistrict litigation is meant to increase the efficiency of the judicial system, the Court insisted “an MDL court must find efficiencies within the Civil Rules, rather than in violation of them.”
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.