Amicus Briefs

The American Tort Reform Association fights in state and federal courts through its active amicus program, filing friend of the court briefs across the country to promote greater fairness, predictability and efficiency in America’s civil justice system.

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States
Federal
Status
Date
Newman v. Bayer Inc.
(2nd Circ., filed April 9, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class l...
2nd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Perlmutter v. Federal Insurance Company, Harold Perenboom, and William Douberley
(Fl., filed March 20, 2025): Section 768.72 of Florida law deliberately altered the common law to raise the evidentiary burden for recovering punitive...
Florida
  • Case Not Yet Decided iconCase Not Yet Decided
Laboratory Corporation of America Holdings v. Davis et. al.
(U.S., filed March 12, 2025): Arguing that Rule 23(b)(3) does not circumvent fundamental limitations on federal jurisdiction in class actions.  The co...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Smith Jr. v. Terumo BCT, Inc.
(Co. App., filed March 3, 2025): Arguing that traditional tort-law principles preclude medical monitoring as a claim or remedy without present physica...
Colorado
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Smith & Wesson Brands v. Estados Unidos Mexicanos
(U.S., filed December 4, 2024): Arguing that foreseeability is not a substitute for proximate causation. The petition is emblematic of numerous lawsui...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco
(Ca., filed November 4, 2024): Arguing that the novel duty to innovate recognized by the Court of Appeal would flood the judiciary and burden manufact...
California
  • Case Not Yet Decided iconCase Not Yet Decided
Moheball v. Hayes
(N.C. App., filed October 7, 2024): Arguing that statutory limits on noneconomic damages respond to a rise in pain and suffering awards and their unpr...
North Carolina
  • Case Not Yet Decided iconCase Not Yet Decided
Piasa Armory, LLC. v. Raoul
(Il., filed October 7, 2024): Arguing against the elimination of the state’s intrastate forum non conveniens doctrine. Intrastate forum non conveniens...
Illinois
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Sommerville v. Union Carbide Corp.
(4th Circ., filed September 30, 2024): Arguing that Article III standing is a threshold requirement for all claims in federal court.  Medical-monitori...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Gardner v. Norman
(UT., filed August 23, 2024): Arguing that chargemaster rates and other list prices set by healthcare providers, but rarely paid and not actually rece...
Utah
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

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