Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyKickerFeaturesTopicsLitigationRegulationSectionsNewsLJN Newsletters

Practice Tip: The SPILL Act

By Amy Rudd
December 22, 2010

Much has been said recently about the far-flung effects of the Gulf Coast oil spill, and much has been done to contain it. But thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act (Securing Protections for the Injured from Limitations on Liability), legislation drafted in response to the recent oil spill and designed to permit families of deceased oil workers to recover non-pecuniary damages from those responsible. Buried in the Act is Section 5, a proposed amendment to the Class Action Fairness Act ( CAFA), which would redefine class actions to exclude actions brought by a State or subdivision of a State on behalf of its citizens. On its face, this amendment appears to allow state AGs to avoid federal jurisdiction and pursue parens patriae actions ' suits brought by AGs on behalf of their injured citizens in state court without the threat of removal.

So what's the problem? Proponents of Section 5 would argue state AG actions were never subject to federal jurisdiction, that CAFA has long been misinterpreted to apply to parens patriae actions, and that this amendment just clarifies what was supposed to be the law after CAFA. Detractors would argue that this amendment will allow state AGs to game the system and pursue what should be private class actions in their more class action-friendly home courts. That, opponents will say, would fundamentally undermine the very purpose of CAFA.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

One Overlooked Element of Executive Safety: Data Privacy Image

Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.