‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
(9th Circ., filed August 29, 2018): Arguing punitive damages exceeding a 1:1 ratio are inconsistent with due process where there is a multi-million dollar compensatory damage award for a purely economic injury. Supreme Court jurisprudence reserves punitive damage awards exceeding compensatory damages for cases involving low compensatory awards, physical harm, or exceptional circumstances. Also arguing that due process requires a class action avoid using individualized evidence of class representatives as a shortcut for showing common classwide evidence.
On July 23, 2020, the Court found that the plaintiff, Bahamas Surgery Center, lacked standing because it had not purchased the gowns from defendant Halyard Health. As Bahamas Surgery Center lacked standing to sue in its own right, it could not bring claims on behalf of a class. With respect to Kimberly-Clark, the Ninth Circuit found that the trial court should have decertified the fraudulent concealment class because the materiality of the industry rating varied among class members. It remanded the case with an order to vacate and dismiss.
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Law Firms Spent $168M+ on 2.2M Ads in Georgia
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems