ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
State Farm Fire & Casualty Co. v. United States ex rel. Rigsby No. 15-513
(U.S., filed August 8, 2016): Arguing that the blatant violation of the “seal” requirement by relator in a false claims case should result in a dismissal of the suit. ATRA filed a cert petition in this matter in 2015. Oral argument to be held in the coming term of the Supreme Court of the United States.
The Court ruled against ATRA’s position on December 6, 2016. Justice Kennedy held that automatic dismissal is not required for a seal violation. He also stated that whether dismissal is appropriate is an issue left in the sound discretion of the district court, and that the Court could explore the factors relevant to the exercise of that discretion in later cases.
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims