Controversial Restatement Adopted by American Law Institute
ALI’s restatement of the law of ‘consumer contracts’ the latest in a surge of advocacy by the Institute
Responding to the Coming Lawsuit Surge: Policy Prescriptions for Addressing COVID-19 Tort Litigation
This white paper explores tort liability concerns related to the COVID-19 pandemic and considers potential solutions.
Each day, thousands of people in the United States are contracting coronavirus. The virus is devastating families, stretching the ability of health care providers to help those who become sick, and crippling businesses and the economy. Manufacturers have ramped up production of medical supplies and protective equipment and are investigating treatment options and developing vaccines.
Some personal injury lawyers, however, view individuals exposed to COVID-19 as a large new pool of plaintiffs, and health care providers and businesses that aid in the response effort or provide essential services as defendants to cast blame. Personal injury law firms are already recruiting individuals to “sue now” even if they have not contracted the disease. The first lawsuits targeting health care providers, employers, retailers and other businesses for COVID-related injuries have been filed. Many more are to come.
States should proactively adopt legislation that distinguishes legitimate claims from no-injury lawsuits. States can place reasonable constraints on the types of lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.
ATRA applauds the nation’s governors who have stepped up to address liability concerns stemming from COVID-19. These executive orders generally rely on the governor’s authority under each state’s emergency powers statute to modify or suspend enforcement of state laws that pose an obstacle to the state’s ability to respond to a crisis. The risk is that this type of executive action has not been tested in court. Plaintiffs’ lawyers are certain to challenge the governors’ authority to provide this liability protection through use of emergency powers.
This paper explores tort liability concerns related to the COVID-19 pandemic and considers potential solutions.
Latest News
View all news
ALI Oversteps With Expansive Restatement Of Contract Law
This op-ed was originally published by Law360. Once considered a scholarly organization that was safely above the fray in broader policy disputes, the American Law Institute has become an advocacy group, […]
State Attorneys General Leave National Org Following ATRA Report
According to recent reports, three state attorneys general will leave the National Association of Attorneys General (NAAG). Ad Law Access reported this week that the Attorneys General of Missouri, Montana, […]
New ATRA Report: American Law Institute Pushes Advocacy Instead of Education
The American Tort Reform Association (ATRA) today released a report documenting how the American Law Institute (ALI) has evolved into a “stealth” legal advocacy organization that is promulgating views well […]
Maryland Attorney General Candidate Jim Shalleck Prioritizes Transparency
Maryland candidate for state attorney general, Jim Shalleck (R), pledged to prioritize transparency and open accountability in office, the American Tort Reform Association announced today. Shalleck, who most recently served […]
Idaho Attorney General Candidate Art Macomber Prioritizes Transparency
Idaho candidate for state attorney general, Arthur Macomber (R), pledged to prioritize transparency and open accountability in office, the American Tort Reform Association announced today. Macomber embraced good-government principles by […]