ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.
Bahamas Surgery Center LLC v. Kimberly-Clark Corp.
(9th Circ., filed August 29, 2018): Arguing punitive damages exceeding a 1:1 ratio are inconsistent with due process where there is a multi-million dollar compensatory damage award for a purely economic injury. Supreme Court jurisprudence reserves punitive damage awards exceeding compensatory damages for cases involving low compensatory awards, physical harm, or exceptional circumstances. Also arguing that due process requires a class action avoid using individualized evidence of class representatives as a shortcut for showing common classwide evidence.
On July 23, 2020, the Court found that the plaintiff, Bahamas Surgery Center, lacked standing because it had not purchased the gowns from defendant Halyard Health. As Bahamas Surgery Center lacked standing to sue in its own right, it could not bring claims on behalf of a class. With respect to Kimberly-Clark, the Ninth Circuit found that the trial court should have decertified the fraudulent concealment class because the materiality of the industry rating varied among class members. It remanded the case with an order to vacate and dismiss.
ATRA President Tiger Joyce writes about the American Law Institute’s diversion from its original mission in this opinion editorial for Law360.
ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.
Missouri Governor Mike Parson signed into law reforms to the state’s punitive damages system, writes John Breslin for the St. Louis Record.
Missouri Gov. Mike Parson signed S.B. 591 to amend Missouri’s consumer protection act and the state’s punitive damages system.
Federal Judge William Shubb ruled that due to insufficient evidence, California cannot require glyphosate-based weedkiller Roundup to be labeled as “known to the state of California to cause cancer.”
ATRA cited in an opinion editorial by John DeMaggio for The Hill regarding potential lawsuit abuse in the wake of COVID-19.
ATRA thanks Gov. Kim Reynolds for signing and the Iowa legislature for passing S.F. 2338, providing COVID-19 liability protections and reforming phantom damages in Iowa.
ATRA urges the Pennsylvania legislature to enact liability protections for critical industries like healthcare providers, PPE manufacturers and small businesses.
ATRA encourages the Louisiana State Senate to pass and Gov. John Bel Edwards to sign H.B. 57 to help reduce auto insurance rates.