In re Exxon 


(Tx.,filed February 9, 2021): Arguing that plaintiffs’ attorneys have found a way to circumvent the “paid or incurred” rule through use of letters of protection to medical providers. The result is the admission of evidence from medical providers at trial about a plaintiff’s medical expenses that looks nothing like the reasonable rates they normally charge, but instead has everything to do with maximizing their own recovery along with the plaintiff’s. The result is unfair jury trials in personal injury suits because defendants—with no ability to conduct discovery on the provider’s reasonable medical charges for the same procedure in the same area—cannot adequately defend themselves. 

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Court ruled in favor of ATRA's position

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]