‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
Fails to Affirm Supremacy of Federal Law
Today, the U.S. Supreme Court announced it will not review a verdict against Janssen Pharmaceuticals in which a Philadelphia court held the company liable, disregarding the fact that the company complied with federal laws and regulations.
We are disappointed in the Court’s refusal to review Janssen Pharmaceuticals v. A.Y. The Supreme Court had an opportunity to address inconsistency caused by rogue state courts and failed to do so. This failure creates a system in which regulated industries are “damned if you do; damned if you don’t” as state courts are permitted to penalize defendants for following federal law.
Creating this level of legal inconsistency and unpredictable liability will impair innovation and investment in the development of new treatments. It exposes businesses to 50 different state regulatory and liability structures, making it next to impossible to plan financially when faced with unpredictable legal environments that could result in billions of dollars in legal fees.
We have all witnessed the regulatory process at work as the covid-19 vaccines were developed and went through the full rigors of the regulatory process. These were critical steps toward solving a once-in-a-lifetime pandemic. The unfortunate result of legal inconsistency is fewer resources for the research and development of more life-saving medicines, harming the very patients these expansive liability theories profess to benefit.
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Law Firms Spent $168M+ on 2.2M Ads in Georgia
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems