ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
American Honda Motor Co. v. Milburn
(Tex., filed August 30, 2023): Arguing that Sec. 82.008 “Compliance with Government Standards” protects manufacturers from tort liability if their products comply with all federal safety standards. For Section 82.008 to have meaning, courts must distinguish whether a regulation as a whole is inadequate from whether a particular product is defective. Plaintiff’s experts here did not provide the type of evidence necessary to overcome the Section 82.008(a) defense by establishing the inadequacy of federal safety standards. A fundamental principle of products-liability law is that a manufacturer need not destroy a product’s utility to make it safer.
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims