Punitive Damages Reform: SB 24 (1989).
Requires a plaintiff to show by “clear and convincing” evidence
Requires a plaintiff to show by “clear and convincing” evidence that a defendant’s actions were “knowing and reckless.” (The law previously required only a showing that a defendant’s actions were “reckless.”) Provides a government standard defense for FDA approved drugs. Requires the determination of awards for punitive damages to be made in a separate proceeding on a defendant’s motion. Requires 50% of all punitive damage awards over $20,000 to be paid to the state fund.
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.
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.