Attorney General Transparency

In state recoupment litigation against the tobacco industry, most states retained personal injury lawyers on a contingent fee basis to assist them with their litigation. Many of these contracts, inked without competitive bidding, and with little or no outside oversight, were rife with political favoritism, inside dealing, and in at least one case, amid the stench of corruption. Many of these billion-dollar fees (which bore little or no relation to the value of the work performed) are being strategically reinvested into the political process, and into still more litigation.

The Problem

Since the landmark recoupment lawsuits against the tobacco industry, state attorneys general have sought to recover costs from other industries, including firearms and pharmaceuticals, by partnering with the personal injury bar to sue whole industries. The growing trend of “regulation through litigation” presents more opportunities for government retention of personal injury lawyers on a contingent fee basis, and more opportunities for abuse.

ATRA’s Position

ATRA supports “sunshine” legislation that requires legislative approval of most large contingent fee contacts between government and personal injury lawyers, requires personal injury lawyers to keep track of their time spent on government cases, and reasserts the legislature’s oversight of “regulation through litigation.”

Search Through ATRA Reforms

Search through all of ATRA's reforms around Attorney General Transparency

No related legislation or reform items to display.



Attorney General Transparency News and Press

Explore ATRA's most recent press releases and blogs around Attorney General Transparency

Texas Now on Judicial Hellholes® “Watch List” as Political Lawsuits, Junk Science Spread

The American Tort Reform Foundation today placed Texas on the Judicial Hel...

ATRA Applauds House Oversight Committee Investigation Into the State Energy & Environmental Impact Center at NYU School of Law

The American Tort Reform Association applauds the House Oversight and Gove...

Groups Urge Congressional Scrutiny of D.C. Attorney General’s Use of Private Attorneys

The American Tort Reform Association submitted a letter today to the House...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Attorney General Transparency
Search All
States
Status
Post Types
Date
Chevron U.S.A. Inc. v. Plaquemines Parish
(U.S., filed September 12, 2025): Arguing that the Louisiana coastal litigation proves the importance of federal officer removal.  The Government law...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy Inc., et. al. v. County Commissioners of Boulder County, et. al.
(U.S., filed September 12, 2025): Urging the Court to grant the petition for certiari.  Arguing that global climate change is not traditional st...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
Sommerville v. Union Carbide and Covestro LLC
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particu...
4th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Ortiz v. Daimler Trucks North America LLC
(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threaten...
California
  • Case Not Yet Decided iconCase Not Yet Decided
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Comment on “A Critical Review of Greenhouse Gas Emissions on the U.S. Climate” Report
This comment is on behalf of the American Tort Reform Association (ATRA), a broad-based coalition of businesses, associations, and professional firms...
Gill v. Exxon Mobil Corp.
(Pa. App., filed June 23, 2025): Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial p...
Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
CareFirst of Maryland, Inc. v. Johnson & Johnson and Janssen Biotech Inc.
(E.D. Va., filed August 15, 2025): Arguing that Plaintiffs urge an unprecedented theory that a defendant can violate antitrust law by incidentally a...
Eastern District of Virginia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Berk v. Choy
(U.S., filed August 7, 2025): Arguing that State legislatures enacted affidavit of merit statutes to prevent meritless lawsuits that threaten the ava...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
U.S. ex rel. Penelow v. Janssen Products LP.
(3rd Circ., filed July 21, 2025): Arguing that the qui tam provisions violate Article II’s vesting clause, the Appointments Clause, and the Take Care...
3rd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2026 ATRA. All rights reserved.