Tyson Foods, Inc. v. Bousaphakeo


(U.S. Supreme Court, filed in August of 2015): Arguing that the Court needs to clarify the law and only allow class actions when all class members suffered a common injury and damages and they can be determined accurately and fairly.  It was improper of the lower court to allow “common evidence” of classwide liability and damages when it was an extrapolation of a non-representative sample of the class.  Arguing that the Court must reject a “trial by formula” and must consider a defendant’s right to litigate its statutory defenses to individual claims.

Court ruled in favor of ATRA's position

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

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.