In re K&L Auto Crushers, LLC and Thomas Gothard Jr.

|

(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. 

View Amicus Brief

Court ruled in favor of ATRA's position

On May 28, 2021, the Court agreed with ATRA’s position and conditionally  granted Defendant K & L Auto Crusher’s petition for mandamus relief. 

Latest News

View all news

SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

In The News

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.