‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
(3rd Circ., Filed November 2, 2016): Arguing that a State cannot invoke sovereign immunity to avoid being bound by a class settlement and, instead, bring a new lawsuit making identical claims when the State was expressly included in the class, received notice of the action and settlement, and did not opt out.
On December 22, 2017, the Court ruled against ATRA’s position and affirmed the district court’s decision finding the Eleventh Amendment barred the suit. It found that GSK’s action in federal court to enjoin Louisiana’s state court lawsuit through enforcing the settlement agreement qualified as a lawsuit against the state (even through the state was acting as a plaintiff in that suit). The Third Circuit also found that a Class Action Fairness Act notice and the state’s failure to act on it was insufficient to waive Louisiana’s sovereign immunity because waiver requires a clear and unequivocal declaration that the state consents to suit.
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