The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
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.
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
Arbitrary, excessive punishments result from lack of clarity under some laws
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation