American Tort Reform Association

American Tort Reform Association
Name	American Tort Reform Association
Formation	1986
Type	Nonprofit advocacy group
Headquarters	Washington, D.C.
Leader title	President

American Tort Reform Association The American Tort Reform Association is a Washington, D.C.–based nonprofit advocacy organization formed to promote changes in civil litigation and tort law. Founded in 1986, it advances model legislation, public education, and litigation strategies through partnerships with corporate, legal, and trade groups. The association engages with courts, legislatures, and media to influence policy debates over liability, damages, and procedural rules.

History

The association was established in 1986 amid contemporaneous debates over product liability exemplified by cases like the McDonald's coffee case and the aftermath of the Paducah, Kentucky class-action developments. Early supporters included corporations and trade associations such as the U.S. Chamber of Commerce, National Association of Manufacturers, and prominent law firms involved in products-liability defense like Jones Day and Skadden, Arps, Slate, Meagher & Flom. In the 1990s the association campaigned during legislative efforts around the Civil Justice Reform Act of 1990 and engaged with Supreme Court matters reaching the United States Supreme Court concerning class actions and punitive damages. Throughout the 2000s it aligned with interests involved in reforms mirrored in state laws influenced by organizations similar to the American Legislative Exchange Council.

Mission and Objectives

The association’s stated mission centers on advancing tort and litigation reforms such as limits on non-economic damages, changes to class-action procedures, and reform of venue and forum-shopping rules. It advocates model statutes akin to reforms found in state initiatives tied to the Tort Reform Movement and supports judges and jurists who favor narrowing liability doctrines referenced in landmark decisions like BMW of North America, Inc. v. Gore and Daimler AG v. Bauman. Objectives include promoting predictability for businesses represented by groups like the Business Roundtable and reducing exposure for industries facing mass torts such as those litigated against Johnson & Johnson and Monsanto-related cases.

Activities and Campaigns

The association conducts state-by-state scorecards, model policy drafts, and publicity campaigns targeting high-profile litigation trends such as multidistrict litigation overseen by the Judicial Panel on Multidistrict Litigation and mass torts involving pharmaceutical companies like Pfizer and Merck & Co.. It organizes briefings for lawmakers associated with bodies like the National Conference of State Legislatures and holds conferences attended by representatives from firms including Covington & Burling and Sidley Austin. The group files amicus briefs in appellate and Supreme Court cases, partners with think tanks such as the Heritage Foundation and the Cato Institute on limited litigation proposals, and coordinates messaging with insurer interests like AIG and Liberty Mutual.

Organizational Structure and Funding

Governance has included a board composed of executives from corporations, trade associations, and defense-oriented law firms, with leadership roles filled by presidents and counsel drawn from firms like Morgan, Lewis & Bockius. Funding sources historically comprise corporate memberships, contributions from industry groups such as the American Insurance Association, and support from foundations aligned with tort reform priorities like the Luce Foundation-type philanthropies. The association operates staff offices in the District of Columbia and engages consultants and public-affairs firms with ties to lobbying entities registered under the Lobbying Disclosure Act.

Criticism and Controversy

Critics—ranging from public-interest law centers like the Center for Constitutional Rights to consumer advocacy groups such as Public Citizen—argue the association represents corporate interests at the expense of plaintiffs, citing campaigns against class actions and punitive damages decisions like State Farm Mutual Automobile Insurance Co. v. Campbell. Labor unions including the AFL–CIO and trial lawyer organizations such as the American Association for Justice have accused it of seeking to weaken remedies for individuals harmed by negligence in cases similar to asbestos litigation involving companies like Johns Manville. Critics also link the association’s model laws to draft bills promoted by American Legislative Exchange Council, prompting debates about transparency and policymaking influence.

Impact and Influence

The association has influenced state tort statutes, judicial appointments, and appellate jurisprudence by contributing amicus briefs in cases that shaped doctrines on venue, punitive damages, and class certification as seen in rulings like Wal-Mart Stores, Inc. v. Dukes and AT&T Mobility LLC v. Concepcion. Its scorecards and model legislation have been cited by state legislatures including those in Texas, California, and Florida during debates on damage caps and asbestos trust reforms. The association’s outreach to corporate legal departments and insurers has affected defense strategies in multidistrict litigation such as that centralized in the Southern District of New York and the Northern District of Illinois.

Notable Cases and Initiatives

The association has submitted amicus briefs in Supreme Court matters involving class actions and arbitration, including high-profile decisions associated with Concepcion-type arbitration preemption and class certification guidance in cases like Dukes. It spearheaded initiatives promoting venue reform and limits on forum-shopping that intersected with MDL practice overseen by the Judicial Panel on Multidistrict Litigation and supported state ballot measures and legislative proposals addressing medical malpractice caps in states such as California and Texas. Its campaigns have tangentially intersected with mass-tort controversies involving corporations such as Takata Corporation (airbag litigation) and Bayer (glyphosate litigation).

Category:Advocacy groups based in Washington, D.C.