Working for court access

Trial Lawyers for Public Justice has launched several special projects aimed at stopping attacks on people’s rights:

The Federal Preemption Project helps preserve access to justice in federal and state courts. TLPJ has been counsel of record before the Supreme Court in two cases unanimously rejecting preemption: Sprietsma v. Mercury Marine (537 U.S. 51 (2002)) and Freightliner Corp. v. Myrick (514 U.S. 280 (1995)). In the last two years, TLPJ has defeated preemption in cases involving unsafe cars and boats, HMOs, phone customers’ rights, and other issues.

The Mandatory Arbitration Abuse Prevention Project is fighting using arbitration to eliminate court access. TLPJ won Ting v. AT&T (319 F.3d 1126 (9th Cir. 2003)), striking down the arbitration clause in AT&T’s Customer Service Agreement, and has joined the battle in other cases nationwide.

The Class Action Preservation Project ensures that class actions remain a powerful tool for achieving justice for American consumers and workers. TLPJ won decisions striking down a company’s contractual class action ban—Ting in the Ninth Circuit and Discover Bank v. Superior Court in the California Supreme Court (113 P.3d 1100 (Cal. 2005)). Its lawyers recently argued the issue in the New Jersey and Washington state supreme courts.

Project ACCESS, which fights unnecessary court secrecy, has unsealed evidence of dangers to public health and safety, helped injury victims and others oppose overbroad protective orders, and educated the public about the dangers of litigation in secret. It helped win public access to a federal court file about State Farm Insurance Co.’s wrongdoing. (Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122 (9th Cir. 2003).) It also unsealed a California sanctions decision finding that Honda and its expert witness tried to “win by cheating.” (Davis v. City of Auburn, No. SCV9736 (Cal., Placer County Super. Ct. filed Oct. 26, 2005).)

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The myth of the litigation crisis July 2006 | Volume 42, Issue 7

Working for court access

The myth of the litigation crisis
July 2006 | Volume 42, Issue 7