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
West Virginia Bill Could Empower Juries With More Relevant Evidence
Bill on seat belt admissibility heads to Governor
Brief Calls Out Joining Dissimilar Claims in Missouri Talc Suit
SCOTUS Determining Whether to Hear Appeal by Defendant
Florida Enacts Covid Liability Protections
Florida Governor Ron DeSantis signs covid liability protections into law in the state which has seen a disproportionate amount of legal services ads related to the COVID-19 pandemic.
Garland Should Oppose Biden Effort to Reinstate Controversial ‘Slush Funds’ Practice
Writing for The Hill, ATRA President Tiger Joyce discusses the Biden administration’s plans to allow a settlement slush fund and issues the practice has caused at the state level.
With This Missouri Case, the Supreme Court Could Curb Activist State Judiciaries
ATRA President Tiger Joyce writes about issues with a landmark talc case in Missouri and how the U.S. Supreme Court can step in.
West Virginia Legislature Looks to Address COVID-19 Liability
Trial lawyers’ spending on covid ads last year surpassed $260,000