Criticism
Critics include members of industry and public-service professions; some argue that as potential defendants, their opposition is based more in self-interest than in policy concerns. Of particular concern is the use of the attorney general office to make policy, especially when that policy contradicts the policy of the chief executive. For example, many criticized Mississippi Attorney General Jim Hood for his litigation against insurance companies after Hurricane Katrina on the grounds that it undid the efforts of Governor Haley Barbour to improve the business environment in the state. In another example, eight state attorneys general unsuccessfully sued utility companies in an attempt to force implementation of global warming standards that the federal government had refused to adopt.
Some critics cite the constitutional doctrine of separation of powers, arguing that rules that govern society as a whole should be rooted solely in laws enacted by legislative bodies. By corollary, the judicial and executive branches should properly be limited in their powers with regard to the law: the judicial in interpreting the laws, and the executive in enforcing the laws.
There are sometimes legislative efforts to prevent regulation through litigation. Rick Boucher (D-VA) argued in support of a 2005 federal tort reform that gave immunity to gun manufacturers in lawsuits that were "nothing more than thinly veiled attempts to circumvent the legislative process and achieve gun control through litigation"; reform supporters complained (with the Pentagon's support) that the plaintiffs were trying to "sue [gun manufacturers] out of existence" through forcing them to incur $250 million in legal defense expenses, while gun control supporters argued that the legislation took away "the right of victims to be able to have their day in court", that the bill gave unprecedented immunity to a single industry, and that the law was unconstitutional.
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity.
A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things. The word 'tort' stems from Old French via the Norman Conquest and Latin via the Roman Empire.
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally instituting and pursuing a legal action that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. Sections 1332(d), 1453, and 1711–1715, expanded federal subject-matter jurisdiction over many large class-action lawsuits and mass actions taken in the United States.
Deep pocket is an American slang term; it usually means "extensive financial wealth or resources". It is usually used in reference to big companies or organizations, although it can be used in reference to wealthy individuals.
Cannon v. University of Chicago, 441 U.S. 677 (1979), was a United States Supreme Court case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that Title IX of the Higher Education Act provides an implied cause of action.
Robert ("Bob") Fellmeth, is a tenured Professor of Law at the University of San Diego School of Law, holder of the Price Chair in Public Interest Law, and executive director of the Center for Public Interest Law and the Children's Advocacy Institute.
The Protection of Lawful Commerce in Arms Act (PLCAA) is a United States law that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S.-based manufacturer of consumer products is held responsible. They may also be held liable for negligent entrustment when they have reason to know a gun is intended for use in a crime.
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is a form of sovereign immunity less strict than absolute immunity that is intended to protect officials who "make reasonable but mistaken judgments about open legal questions", extending to "all [officials] but the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions.
The Public Readiness and Emergency Preparedness Act (PREPA), passed by the United States Congress and signed into law by President of the United States George W. Bush in December 2005, is a controversial tort liability shield intended to protect vaccine manufacturers from financial risk in the event of a declared public health emergency. The part of PREPA that actually affords such protection is now codified at 42 U.S.C. § 247d-6d. The act specifically affords to drug makers immunity from actions related to the manufacture, testing, development, distribution, administration and use of medical countermeasures against chemical, biological, radiological and nuclear agents of terrorism, epidemics, and pandemics. PREPA strengthens and consolidates the oversight of litigation against pharmaceutical companies under the purview of the secretary of Health and Human Services (HHS). PREPA provides $3.8 billion for pandemic influenza preparedness to protect public health in the case of a pandemic disease outbreak.
Insurance bad faith is a legal term of art unique to the law of the United States that describes a tort claim that an insured person may have against an insurance company for its bad acts. Under United States law, insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. In common law countries such as Australia and the UK, the issue is usually framed in the context of a failure of the duty of utmost good faith.
Tort reform refers to proposed changes in the civil justice system that aim to reduce the ability of victims to bring tort litigation or to reduce damages they can receive.
Brian E. Frosh is an American lawyer and politician serving as the Attorney General of Maryland. He also served five terms in the Maryland State Senate, representing Maryland's District 16 in Montgomery County. Prior to serving in the Senate, Frosh also represented District 16 in the Maryland House of Delegates, serving two four-year terms.
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law.
Simpson v Attorney General [Baigent's case] [1994] 3 NZLR 667 is a leading case in New Zealand regarding the New Zealand Bill of Rights Act, that upheld damages against the police for an unreasonable search.
In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
Byrne v. Ireland (1972) was a case decided by the Supreme Court of Ireland that is important because it abolished the immunity of the state in tort, meaning that the state could be sued for the actions of its servants. The case also determined that the Attorney General was the appropriate party to represent the state in these tort cases.
Privacy and the United States government consists of enacted legislation, funding of regulatory agencies, enforcement of court precedents, creation of congressional committees, evaluation of judicial decisions, and implementation of executive orders in response to major court cases and technological change. Because the United States government is composed of three distinct branches governed by both the separation of powers and checks and balances, the change in privacy practice can be separated relative to the actions performed by the three branches.
In United States law, national injunctions are an equitable remedy employed by courts to bind the federal government in its relations with nonparties. In their prototypical form, national injunctions are used to restrict the federal government from enforcing a statute or regulation.
