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.
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.
New Poll Finds Strong Bipartisan Support for Government Action vs. Litigation When it Comes to Handling the COVID-19 Pandemic
While COVID-19 relief efforts stall in Congress, public support for aid to small businesses and others impacted by the pandemic remains high. According to a new survey released today by […]
Missouri Supreme Court declines to review billion-dollar award against Johnson & Johnson baby powder
Juliette Fairley of the St. Louis Record reports on the Missouri Supreme Court’s decision not to review a $2 billion verdict.
ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
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.