Recent White Papers
Consumer Protection Acts or Consumer Litigation Acts? A Historical and Empirical Examination of State CPAs
This paper explores the introduction, original mission of, and corruption
This paper explores the introduction, original mission of, and corruption of State CPAs. It proceeds in three additional parts. Part II outlines a brief history of American consumer protection laws, beginning with the accompanying immodest expansions of State CPAs. Part III reviews and discusses the predictable litigation consequences of these expansions, including harm to consumers themselves, litigants, and the judicial system, and briefly surveys elementary economic theory as well as salient empirical data confirming that these unjustified CPA expansions harm consumers. Part IV concludes, recommending several salutary policy prescriptions for lawmakers considering amending a State CPA.
Recent Legal Briefs
Recent Amicus Briefs
(7th Circuit,filed January 29, 2018): Arguing that the Court should
(7th Circuit,filed January 29, 2018): Arguing that the Court should reject the theory of innovator liability.
On August 22, 2018, the 7th Circuit ruled that federal law preempted the plaintiff’s claim. GSK was barred from adding a warning about the risk of suicide. The court did not rule regarding innovator liability.
(U.S., filed January 29, 2018): Arguing that the lower court improperly
(U.S., filed January 29, 2018): Arguing that the lower court improperly allowed stacked class actions and tolling of the applicable statute of limitations. The Court’s decision in American Pipe & Construction Co. v. Utah (1974), held that the commencement of a class action tolls the statute of limitations for all purported members of the class, but does not extend to a subsequent class action, after the denial of an initial class certification.
On June 11, 2018, the Court ruled in favor of ATRA’s position.