In Re Trinity Industries Inc.
(5th Cir., filed March 28, 2016): Arguing that if allowed to stand, the decision below would produce deep regulatory uncertainty for manufacturers and other businesses that contract directly or indirectly with the Federal Government. Under the district court’s ruling, a manufacturer could receive authoritative assurances from the Federal Government that it is complying with federal regulations—and yet, when the manufacturer later certifies that it is in compliance, it can be found in violation of the False Claims Act (FCA) and subjected to hundreds of millions of dollars in damages. That distorts the FCA—which targets “false” claims to obtain money from the Government. A statement that a product is in compliance cannot be “false” when the Government itself has authoritatively decided that the product is in compliance.
View Amicus Brief: Final Trinity Brief- 5th COA
On September 29, 2017, the Court ruled in favor of ATRA’s position and overturned the verdict against Trinity.
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.