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.”

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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
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States
Status
Post Types
Date
Cottrell v. Alcon Laboratories
(3rd Cir., filed September 28, 2016): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendan...
3rd Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Eike v. Allergan
(7th Cir., filed October 18, 2016): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants...
7th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
BNSF v. Tyrell
(US., filed October 28, 2016): Arguing that the Montana Supreme Court improperly applied the Daimler personal jurisdiction requirements, which state t...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
In re Zoloft Litigation
(3rd Cir., filed October 18, 2016): Arguing that an expert cannot premise a causation analysis on a single statistically-significant association when ...
3rd Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position



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