ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
Injury Attys Undaunted By COVID-19 Nursing Home Immunity
ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.
As a number of states have enacted emergency orders and laws to shield nursing homes from coronavirus-related civil suits, plaintiffs attorneys say they won’t be stopped from filing suits thanks to immunity exceptions and potential constitutional challenges.
Lawmakers in states that were hit hard early on in the COVID-19 pandemic, such as New York, New Jersey and Massachusetts, were quick to enact executive orders or legislation to provide health care providers with a liability shield so they could give much-needed treatment without the fear of getting sued.
“Everything can be challenged in court but certainly the statutes will stand the test of time a little bit better,” said Tiger Joyce, president of the American Tort Reform Association. “They reflect a broader perspective as they are enacted by a number of lawmakers, not just a single governor.”
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.