Opinion: Nessel Shouldn’t Cater to Trial Lawyers
Michigan Attorney General Dana Nessel would needlessly create opportunities for entrepreneurial trial lawyers to pursue those that drive Michigan’s economy, ATRA President Tiger Joyce writes.
In re Flonase
(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.
Latest News
View all news
SCOTUS Input Requested in Landmark Missouri Talc Case
This week, the U.S. Supreme Court was called upon to review a landmark talcum powder case which loosely linked baby powder use to ovarian cancer and resulted in a multi-billion-dollar […]
PA Supreme Court Further Expands Liability With Latest Ruling
Yesterday, the Supreme Court of Pennsylvania issued a ruling that makes the state even more appealing to trial lawyers by removing the need to prove a business was fraudulent or negligent under the state’s consumer protection law. The Court […]
Hold On to Your Pocketbooks If Interest Goes Up On Civil Lawsuits
Excessive litigation costs Illinois businesses more than $18.9 billion annually, write ATRA President Tiger Joyce and John Pastuovic for the Chicago Sun Times.
Plaintiffs firms spent more than $34 million on COVID-19 ads, tort reform group says
Caroline Spiezio for Reuters reports on ATRA’s February 2021 legal services advertising report.
Missouri Legislature Looks to Address COVID-19 Liability
Trial lawyers’ spending on covid ads last year surpassed $400,000