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
Anne Arundel County v. Express Scripts
(Md., filed May 29, 2025): Arguing that the Court should join other states in affirming that public nuisance law cannot be converted into an all-enco...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
Geico Casualty Company v. Jilianne Warner, et. al.
(Ky. App., filed May 28, 2025): Arguing that the court erred in finding that heavy motor trucks, such as tow trucks, are inherently dangerous.  The t...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Monsanto v. Durnell
(U.S., filed May 9, 2025): Arguing that the Missouri Court of Appeals and other appellate courts have gutted FIFRA’s express preemption provision, al...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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 pr...
Drake v. Bayer
(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class ...
California
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
BRP Group, Inc. v. Wagner
(DE, filed April 15, 2025): Arguing that the carveout in the final clause of Section 6 of S.B. 313 amounts to an unconstitutional bill of attainder an...
Delaware
  • Case Not Yet Decided iconCase Not Yet Decided
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
The Plaintiffs’ Lawyer Quest for the Holy Grail
One can only imagine the scene inside the plaintiffs’ lawyers’ R&D laboratory for expansive liability theories when they created today’s public nu...
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



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.