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May 23rd, 2016

‘Gateway to the West’ Becomes the ‘Gateway to the Courts’ for Dubious Science and High Damage Awards

St. Louis juries have twice levied hefty multi-million dollar damage awards against Johnson & Johnson since February on behalf of out of state ovarian cancer victims. Questions remain as to whether the scientific evidence supported such large verdicts. Johnson & Johnson is appealing both verdicts. . . . → Read More: ‘Gateway to the West’ Becomes the ‘Gateway to the Courts’ for Dubious Science and High Damage Awards

May 11th, 2016

California Enacts Law to Protect Small Businesses from Predatory ADA Lawsuits

California, the nation’s #1 Judicial Hellhole, has taken a dutiful step forward to remedy the ADA lawsuit epidemic in the state. Governor Jerry Brown has signed legislation which will curb the predatory filing of ADA lawsuits by serial plaintiffs, and reduce the burden on small businesses in the state. . . . → Read More: California Enacts Law to Protect Small Businesses from Predatory ADA Lawsuits

May 11th, 2016

Florida’s Plaintiff-Favoring High Court Strikes down Another Thoughtful Legislative Reform

The Florida Supreme Court’s plaintiff-friendly 5-2 majority has once again shown its willingness to substitute its own public policy views for those of the legislature with a late-April decision invalidating a statutory schedule for lawyers’ fees in workers’ compensation cases . . . → Read More: Florida’s Plaintiff-Favoring High Court Strikes down Another Thoughtful Legislative Reform

May 6th, 2016

Oregon High Court Upholds Statutory Damages Limit in Suits Naming State, State Employees as Defendants

Earlier this month, the Oregon Supreme Court voted 5-2 to uphold a $3 million statutory limit on tort awards in lawsuits against the state or its employees. The Court’s well-reasoned opinion overrules prior bad precedent which was not grounded in history or a proper reading of the law. . . . → Read More: Oregon High Court Upholds Statutory Damages Limit in Suits Naming State, State Employees as Defendants

May 3rd, 2016

ATRA Calls Silver’s Sentence ‘Worthy of His Crimes’

The American Tort Reform Association today called the sentencing of former New York State Assembly Speaker Sheldon SilverShel Done “substantial and worthy of his crimes, and perhaps will help deter widespread corruption in Albany and the ‘double-dipping’ fraud that asbestos plaintiffs’ lawyers regularly perpetrate in the NYCAL” . . . → Read More: ATRA Calls Silver’s Sentence ‘Worthy of His Crimes’

May 3rd, 2016

Not Surprisingly, New Study Shows Trial Lawyers Benefit Most from ‘Empty Suit’ Class Actions

To no one’s surprise, a new study shows that, on average, personal injury lawyers who concoct and gin up what ATRA calls “empty suit” litigation walk off with nearly 40% of the money from settlements and verdicts while their clients typically get less than 9%, with the rest going to other lawyers and unrelated groups . . . → Read More: Not Surprisingly, New Study Shows Trial Lawyers Benefit Most from ‘Empty Suit’ Class Actions

April 27th, 2016

Don’t Believe the Liars Who Say Asbestos Trust Fund Transparency Laws Will Hurt Sickened Claimants

A new paper by two Philadelphia defense attorneys with extensive experience in asbestos litigation thoroughly debunks six lies regularly told by plaintiffs’ lawyers and the politicians they support with respect to state and federal legislation aimed at reducing fraud on both our courts and the asbestos bankruptcy trust funds . . . → Read More: Don’t Believe the Liars Who Say Asbestos Trust Fund Transparency Laws Will Hurt Sickened Claimants

April 27th, 2016

Evidentiary Rulings Favor Plaintiffs, Lead to Half-Billion Dollar Verdict against J&J in MDL Bellwether

Plaintiff-favoring and highly prejudicial evidentiary rulings by a federal judge in Texas led last week to a nearly half-billion dollar jury verdict against Johnson & Johnson subsidiary DePuy Orthopaedics in the second bellwether case in multidistrict litigation over allegedly defective hip prosthetics . . . → Read More: Evidentiary Rulings Favor Plaintiffs, Lead to Half-Billion Dollar Verdict against J&J in MDL Bellwether

April 22nd, 2016

Federal Judge Thwarts California AG’s Efforts to Intimidate, Muzzle Speech of Free-Market Nonprofit

In the latest defeat for government officials using the awesome power of the state to suppress political speech with which they disagree, a federal judge yesterday permanently blocked California Attorney General Kamala Harris’s efforts to “out” the donors who support a free-market-minded nonprofit that has had the First Amendment audacity to weigh in on a variety of policy issues . . . → Read More: Federal Judge Thwarts California AG’s Efforts to Intimidate, Muzzle Speech of Free-Market Nonprofit

April 21st, 2016

New Orleans Personal Injury Lawyer Candidly Promotes ‘Forum Shopping’ in Website Video

Those who tend to be put off by personal injury lawyers might find much to dislike about New Orleans-based auto-accident specialist Greg DiLeo, but no one can fault him for a lack of candor when it comes to the “forum shopping” made easy by Louisiana’s lax venue laws . . . → Read More: New Orleans Personal Injury Lawyer Candidly Promotes ‘Forum Shopping’ in Website Video

April 18th, 2016

Federal Prosecutors Allege Silver’s Corruption of Albany Included Government Favors for Mistresses

A prosecution document unsealed last Friday purports to show that convicted former New York State Assembly Speaker Sheldon Silver had two extramarital affairs that further corrupted state government, one with a lobbyist who frequently represented clients interested in pending legislation and another with a woman who was hired at a succession of state jobs for which critics say she was under qualified . . . → Read More: Federal Prosecutors Allege Silver’s Corruption of Albany Included Government Favors for Mistresses

April 14th, 2016

Despite Corruption Conviction of Their Man in Albany, NY’s Unabashed Trial Lawyers Still Buying Influence

An ATRA ally, the Lawsuit Reform Alliance of New York (LRANY), this week unveiled the latest of its annual “Power of Attorney” reports, analyzing the considerable spending of New York trial lawyers on lobbying and political campaigns . . . → Read More: Despite Corruption Conviction of Their Man in Albany, NY’s Unabashed Trial Lawyers Still Buying Influence

April 13th, 2016

Judge Koh Dismisses Another Meritless Consumer Class Action with Prejudice

Federal trial Judge Lucy H. Koh last month continued her laudable, seemingly one-judge stand against consumer class action abuse in the Northern District of California . . . → Read More: Judge Koh Dismisses Another Meritless Consumer Class Action with Prejudice

April 6th, 2016

Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

Twice last month the plaintiff-friendly Florida Supreme Court gave personal injury lawyers new incentives to keep the state’s tobacco litigation chain smokin’ . . . → Read More: Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

April 6th, 2016

California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

California employers have taken a kick to the keister once again and will now be forced to let employees sit on theirs. (And some economists wonder why productivity growth has stalled.) . . . → Read More: California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

March 31st, 2016

Now Officially Disbarred, Length of Prison Sentence Only Outstanding Question for Convicted Felon Silver

Long since deposed from his powerful position as speaker of the New York State Assembly, convicted felon Sheldon Silver was finally disbarred this week by a state appeals court . . . → Read More: Now Officially Disbarred, Length of Prison Sentence Only Outstanding Question for Convicted Felon Silver

March 30th, 2016

Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

With an apparent desire to ensure in perpetuity Florida’s status as a perennial Judicial Hellhole, three locally based class action law firms have donated $1 million to the University of Miami School of Law to fund an annual forum on complex mass torts and multidistrict litigation . . . → Read More: Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

March 28th, 2016

9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

The U.S. Court of Appeals for the Ninth Circuit last week overruled a lower court’s perfectly sound dismissal with prejudice of a food labeling class action against Chobani yogurt . . . → Read More: 9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

March 14th, 2016

Florida Judge Who’d Repeatedly Taken Baseball Tickets from Slip-and-Fall Lawyers Resigns

A Florida judge who had been charged with ethics violations for repeatedly seeking Major League Baseball tickets from a plaintiffs’ law firm is “Out!” . . . → Read More: Florida Judge Who’d Repeatedly Taken Baseball Tickets from Slip-and-Fall Lawyers Resigns

March 8th, 2016

Bucking National Trend, California Appeals Court Allows Discredited Asbestos Exposure Theory

Seemingly determined to keep California atop the Judicial Hellholes rankings, an appeals court there last week ignored precedent requiring trial judges to function as “gatekeepers” when it comes to the scientific validity of expert testimony and instead upheld a decision to let jurors play that critical role in their acceptance of a discredited theory of asbestos exposure . . . → Read More: Bucking National Trend, California Appeals Court Allows Discredited Asbestos Exposure Theory