
ATRA Warns Against ‘New Species of Super Tort’ in Oklahoma Opioid Judgment
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
This article was originally published by Law.com.
The judge who awarded a $465 million judgment against Johnson & Johnson allowed a “new species of super tort” in applying Oklahoma’s public nuisance law to the state’s opioid crisis, according to the U.S. Chamber of Commerce in a court filing this week.
The unprecedented finding, if upheld, would “devour all of Oklahoma tort law,” according to the Chamber and the American Tort Reform Association in a joint amicus brief filed on Tuesday before the Oklahoma Supreme Court, which is reviewing the Nov. 15 judgment issued by Cleveland County District Court Judge Thad Balkman.
“AG Hunter’s opioid lawsuit and last summer’s judgment dramatically expanded public nuisance law and caused great concern for manufacturers of all products,” said Tiger Joyce, president of the ATRA, which added Oklahoma to its “Judicial Hellholes” report last year because of the opioid verdict. “The fear now is that other industries, including Oklahoma’s own oil and gas producers, may be targeted for a similar public nuisance claim on issues like climate change.”
Want more updates on civil justice reform? Sign up for ATRA’s occasional email updates.
Latest News
View all news
Third Circuit Ruling Blocks Bankruptcy Proceedings for LTL Management
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
Trial lawyers target agriculture products in ‘Judicial Hellholes’
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
Gov. DeSantis Signs Key Legal Reform Bill In Florida
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties
Arbitrary, excessive punishments result from lack of clarity under some laws
Frivolous ‘No-Injury’ Lawsuits Thrive in California
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Endless Coastal Litigation Creates Climate of Lawsuit Abuse in ‘Judicial Hellhole’ Louisiana
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation