ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Glenhaven Healthcare LLC v. Saldana
(U.S., filed September 30, 2022): Urging the Court to grant the petition of certiari in order to clarify the proper interpretation of a federal statute (the PREP Act) regulating the nation’s emergency response during a once-in-a-century pandemic and other global health emergencies. The PREP Act should be recognized as a “complete preemption” statute allowing removal of a broad class of tort claims arising from the administration of pandemic countermeasures. The lower court decision undermines the PREP Act’s critical safeguards for front-line responders and creates a circuit split.
November 21, 2022, the Court denied the petition for certiorari.
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