Obesity Litigation Reform: HB 5809 (2004)
Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,
Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters, or advertisers of food (as defined in 21 U.S.C. 321) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss. Finally, H.B. 5809 specified that the state is prohibited from filing obesity lawsuits.
Poll Shows Public Disapproval for COVID-19 Lawsuits; Government Aid for Small Businesses Overwhelmingly Preferred
With a new presidential administration officially at the helm, public support for aid to small businesses and others impacted by the pandemic remains high. A new survey released today by the American Tort Reform […]
ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360
ATRA’s statement on Amendment 1 to Illinois House Bill 3360
ATRA President Tiger Joyce released the following statement in response to the unprecedented attack on the U.S. Capitol building on January 6:
ATRA voices its disappointment as Congress fails to include liability protections in its latest COVID-19 relief package.
ATRA President Tiger Joyce writes in this op-ed about a growing trend of state courts bucking SCOTUS precedent when it comes to personal jurisdiction.