Civil Justice Project News www.civiljusticeproject.org Winter/Spring 2020 Says Oil Companies Justice and the Aren’t Federal Officers Coronavirus s the public has learned be dismissed. he coronavirus is sweeping Amore about the causes and Beginning in 2017, at least Tacross the country as we effects of global warming, it 10 state and local governments go to press and has become a has become clear that major oil sued major oil companies in genuine national public health companies have long known that state courts claiming that their emergency. the greenhouse-gas emissions activities have created a “public The pandemic is laying bare produced when their products nuisance.” The lawsuits seek profound flaws in our health are used cause potentially damages and compensation for care system, underinvestment in catastrophic damage to our the costs governments face in our public health infrastructure planet’s climate. trying to protect their residents and huge gaps in worker protec- Nonetheless, from the consequences of tions. It is likely those companies climate change. So far, suits have to wreak severe chose to conceal been brought by, among others, economic havoc, their knowledge seven cities and counties in with the worst for many years California; the city of Baltimore, pain felt by the while feeding Md.; the state of Rhode Island; most vulnerable by Scott Nelson, our fossil-fuel and Boulder County, Colo. among us, and attorney, by Robert Litigation Group addiction. When In each case, the oil compa- Weissman, it threatens to the compa- nies’ first move was to try to president interfere with our nies’ knowledge came to light, remove the case to federal court, ability to conduct lawsuits followed. where they hope their defenses the 2020 elections. Public Citizen has now will get a more friendly recep- We can’t know how the entered the battle to prevent tion. The oil companies invoked coronavirus epidemic is going to those cases from being derailed the federal statute that allows evolve, but we can exert some by a procedural maneuver: the removal when a federal officer significant effect on the damage oil companies’ effort to move the or agency, or someone acting it does. Public Citizen is advocat- cases from state to federal court. under the direction of a federal ing furiously to prompt govern- This is both a delaying tactic officer is sued in a state court for ment action to reduce the toll it and an effort to pick a forum some official action. The removal takes. they think, based on case law, statute dates back to the early Free testing, treatment, and may be more sympathetic than 1800s, when federal customs vaccines: We are pushing hard state courts to the companies’ arguments that the suits should See Oil Companies, Page 10 See Coronavirus, Page 11

INSIDE PRODUCT SAFETY — P. 4 Putting People Above Corporate Profits LITIGATION — P. 2 Public Citizen Sues Amtrak FORCED ARBITRATION — P. 6 Over Forced Arbitration Progress on the FAIR Act and Other Arbitration News Civil Justice Project News

Civil Justice Project News Winter/Spring 2020 Public Citizen Sues Amtrak Public Citizen President Over Forced Arbitration Robert Weissman

Vice President of Legislative Affairs n 2019, Amtrak added to all its violates the U.S. Constitution in Lisa Gilbert Itickets a provision requiring three ways. Public Citizen Inc. Board of Directors Jason Adkins (chair) anyone who purchases a ticket First, as a component of the Andrew S. Friedman or rides on Amtrak to “agree” to federal government, Amtrak may Anne Galland Danny Goldberg binding private arbitration of any not, consistent with the Consti- Jim Hightower Joy Howell disputes they might have at any tution, condition its service on John Richard Anthony So time with Amtrak. The arbitra- passengers’ consent to a waiver Robert Weissman (ex officio) tion provision is far-reaching. of their First Amendment right Public Citizen Foundation Board of Directors Mark A. Chavez (chair) It states that it is “intended to to petition the government for Jim Bildner Robert C. Fellmeth be as broad as legally possible” redress of grievances. David Halperin Annie Leonard Cynthia Renfro and specifies a litany of claims Second, because Amtrak is a Steve Skrovan Gerson H. Smoger subject to arbitra- governmental entity, it cannot Robert Weissman (ex officio) tion: negligence, constitutionally require passen- Civil Justice Project Director Amanda Fleming gross negligence, gers, as a condition for provid-

Editor and Production Manager disfigurement, ing passenger rail services, to Rhoda Feng wrongful death, waive their rights to have legal Public Citizen Litigation Group Allison Zieve (director) claims for medical disputes adjudicated by a federal Nandan Joshi Michael Kirkpatrick by Nandan and hospital judge entitled to the salary and Kaitlin Leary Joshi, attorney, Paul Alan Levy expenses, discrim- tenure protections of Article III. Patrick Llewellyn Litigation Scott Nelson Group ination, and Third, Amtrak’s mandatory Adam Pulver Adina Rosenbaum failure to accom- arbitration provision threatens Martha Solt Rebecca Smullin modate an actual or perceived the institutional integrity of

Public Citizen’s Congress Watch Susan Harley (deputy director) disability. It also bars individuals the judicial branch by creat- Rachel Curley Remington Gregg from litigating against Amtrak in ing a wholly separate, private Alex Harman Craig Holman a class action. litigation process that lacks Eagan Kemp Matt Kent In a lawsuit filed on Jan. 7 in meaningful judicial oversight. As Taylor Lincoln Jana Morgan the U.S. District Court for the a creature of Congress, Amtrak Amit Narang Bartlett Naylor District of Columbia, Public must adhere to the constitu- Emily Peterson-Cassin Mike Tanglis Citizen challenged Amtrak’s tional separation of powers, Bret Thompson forced arbitration clause. The including the role of the judicial Public Citizen’s Health Research Group Michael Carome, M.D. (director) lawsuit was filed on behalf of branch as the final arbiter of Sidney M. Wolfe, M.D. (founder, senior adviser) Azza AbuDagga, Ph.D. Public Citizen President Robert disputes. Diane Krauthamer Alan Levine Weissman and attorney Patrick If Amtrak can compel millions Fiona Lynn Material in Civil Justice Project News may not be Llewellyn, both of whom plan of passengers into a private reprinted without permission from Public Citizen. For more information, please contact Amanda Fleming at to use Amtrak for travel, but arbitration system, then nothing (202) 588-7734 or [email protected]. want to buy tickets that are not prevents Congress from mandat- Visit us online at www.civiljusticeproject.org. subject to an arbitration clause. ing private arbitration for a host Amtrak is a governmental of claims against the govern- corporation, created by statute. ment, which would undermine The lawsuit alleges that Amtrak’s the role of Article III courts in © Public Citizen’s Civil Justice Project 2020. forced arbitration clause exceeds All rights reserved. Amtrak’s statutory authority and See Amtrak, Page 3 2 Public Citizen Civil Justice Project News

Amtrak, Continued from Page 2 our constitutional system. LITIGATION In December, Public Citizen spearheaded a petition and In a lawsuit filed on Jan. 7 in the U.S. District Court letter, signed by 31 other groups for the District of Columbia, Public Citizen challenged and more than 4,700 Public Amtrak’s forced arbitration clause. The lawsuit was filed Citizen members, calling on on behalf of Public Citizen President Robert Weissman Amtrak and Congress to remove and attorney Patrick Llewellyn, both of whom plan to forced arbitration clauses from use Amtrak for travel, but want to buy tickets that are Amtrak’s ticketing. Amtrak did not subject to an arbitration clause. not respond. In February, Amtrak filed a motion to dismiss the lawsuit. ings would have been hidden to join others in a class-action The motion attacks the stand- from the public. lawsuit. Yet public sentiment ing of Weissman and Llewelyn, The number of forced arbitra- is overwhelmingly against characterizes Amtrak as a private tion agreements in effect in the use of forced arbitration entity not subject to constitu- the U.S. is at least 2.5 times the clauses: 84% of voters want to tional constraints, and contends population, and the overwhelm- stop corporations from forcing that the constitutional claims ing majority of these agree- consumers and workers into lack merit because passen- ments waive a person’s right arbitration. gers consent to the arbitration clause by purchasing or using an Amtrak ticket. In late March, we filed an opposition to the motion to dismiss and cross-motion for summary judgment, explaining the flaws in Amtrak’s arguments and asking the court to enter judgment in our favor. In 2016, Amtrak agreed to pay up to $265 million under a court- supervised settlement of claims arising from a 2015 crash that killed eight people and injured more than 200. Had the forced arbitration clauses been in place at the time, Amtrak could have forced all of the victims into arbitration, where the proceed- Graphic courtesy of Marty Bernard / Flickr.

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Caragh Fay Taras Kick Brian Warwick Thomas Fortune Fay Gerson H. Smoger Andrew S. Friedman Janet Varnell

Winter/Spring 2020 3 Civil Justice Project News Putting People Above Corporate Profits he U.S. Consumer Product name — as companies routinely the recall. Yet it failed to tell the TSafety Commission (CPSC), do — the agency has to initi- public. the nation’s chief product safety ate litigation to overcome the As this example shows, the regulator, is barred by law company’s objection. The secrecy caused by section 6(b) from releasing a wide swath CPSC’s default workaround for is problematic for two reasons. of information about product this provision is simply to issue First, it hinders the CPSC’s abili- safety hazards. Public Citizen vague statements that fail to ty to quickly inform the public is working hard to explain the provide full safety information. about a product safety hazard problem to members of Congress The CPSC’s actions with that may be sitting in American and push for changes to the law. respect to the Fisher-Price Rock homes. The problem stems from ‘n Play Sleeper and similar Second, the U.S. Supreme section 6(b) of the Consumer products illustrate the problem. Court has held that, before the Product Safety Act. That provi- In May 2018, in light of reports to CPSC can release records under sion creates a the agency about infants being the Freedom of Information Act time-consuming killed in the sleepers, the CPSC (FOIA) in response to a request process for issued a — essen- seeking records concerning release of critical tially a press release — warning a specific product, the CPSC safety informa- about the hazards of allowing must comply with section tion to consum- babies to sleep unrestrained 6(b)’s requirements to give the ers. The provision in “inclined sleep products.” company that makes the product

by Remington gives companies Although the agency stated that a heads up and opportunity to Gregg, lobbyist an effective it was aware of infant deaths object. for Civil Justice and Consumer veto over public associated with inclined sleep As a result, so few product- Rights disclosure of products, the consumer alert did specific documents are released information about not name specific products. that it is difficult for journal- product defects. By the time that Fisher- ists, groups like Under section 6(b), before Price recalled 4.7 million Rock Public Citizen, or the public to the CPSC can publicly release ‘n Play Sleepers in April 2019, find out information about a information that would allow more babies had been hurt. company’s safety track record, consumers to identify a product Two weeks after that recall, and to determine whether the or manufacturer, the agency almost 700,000 inclined sleep- agency is effectively carrying must notify the company that it ers manufactured by Kids II out its mission of safeguarding intends to release the informa- were recalled because of infant the public from product safety tion and give the company an deaths. hazards. opportunity to respond to the Later, an investigation by Statutes relating to consumer accuracy and fairness of that found that the products regulated by other information. CPSC knew that specific Fisher- federal regulatory agencies If the company objects to the Price sleepers were linked to CPSC mentioning the product by fatalities for several years before See Product Safety, Page 5

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Mark A. Chavez Travis Hodgkins Keith Hebeisen Thomas G. Shapiro

4 Public Citizen FOR MORE INFORMATION, CALL (202) 588-7713 WWW.CITIZEN.ORG/SCAP Civil Justice Project News

Product Safety, Continued from Page 4

— such as drugs, foods, and (SHARE) Information Act of Congress to increase under- automobiles — do not have (H.R.5565) to amend section 6(b) standing of the safety hazard provisions similar to section to allow the CPSC greater author- presented by section 6(b) and to 6(b). ity to release product safety pass the SHARE Information Act. U.S. Rep. Bobby Rush (D-Ill.) information to keep families Public Citizen is all in on the recently introduced the Safety safe. Public Citizen is working fight to put people above corpo- Hazard and Recall Efficiency with Rush and other members rate profit.

Public Citizen's Lobbyist for Civil Justice and Consumer Rights, Remington Gregg (pictured third from left), speaks at a panel event at the International Consumer Product Health and Safety Organization's annual meeting on Feb. 19, 2020 about the need to repeal 6(b) of the Consumer Product Safety Act. Photo courtesy of Neal Cohen.

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Elizabeth J. Cabraser Stephen J. Herman Barry J. Nace Joseph Cotchett Bob Jennings and Barbara Bott Christopher T. Nace George F. Farah Michael and Louise Malakoff Matthew Nace Steven E. Fineman Andrea Nace Allen and Linda Saeks

Winter/Spring 2020 5 Civil Justice Project News CY PRES AWARDS Progress on the FAIR Act and Other Arbitration News Cy pres awards can have a transformative effect on our ability to fter years of strong would have allowed the advocate for consumers. Aleadership and legis- financial software firm to lative advocacy by Public prevent shareholders from We welcome cy pres distributions to help us continue and enhance our Citizen, the U.S. House going to court. work on behalf of consumers. For of Representatives in late Public Citizen, along with more information, please contact September of last year passed coalition partners, worked Amanda Fleming, director of Public a bill that would ban enforce- behind the scenes to urge Citizen’s Civil Justice Project, at (202) 588-7734 or [email protected]. ment of forced arbitration shareholders to vote against clauses in employment, the proposal, which was Our thanks to these advocates for consumer, overwhelmingly rejected recent cy pres awards to Public Citizen. antitrust, or with only 2.4% of share- civil rights holders voting to allow the Jason B. Adkins disputes. company to force sharehold- Nancy Barron The bipar- ers into arbitration. Some of Daniel E. Birkhaeuser David E. Bower tisan bill, Intuit’s largest sharehold- Robert M. Bramson the Forced ers, including Blackrock, David E. Breskin Arbitration Vanguard, and State Street, by Remington James E. Butler Gregg, lobbyist Injustice voted to support sharehold- Mark A. Chavez for Civil Justice Repeal (FAIR) ers’ rights to go to court if Elliot Conn and Consumer William H. Crowder Rights Act, passed wronged. Jeff Fazio by a vote of Public Citizen also is Andrew S. Friedman 225-186. leading a coalition of organi- Agnieszka Fryszman Steve Gardner The U.S. Senate compan- zations to pressure Wells Melissa Hartnett ion bill sits on U.S. Senate Fargo to end the use of Travis Hodgkins Majority Leader Mitch forced arbitration against Scott R. Jeeves McConnell’s (R-Ky.) desk, workers and customers. Ray W. Kahler Bryan Kemnitzer along with dozens of other Spurred by our advocacy, Taras Kick pieces of important legisla- Wells Fargo announced in Richard Koffman tion that he has refused to February that it would allow Barry L. Kramer consider. workers who allege future Steve D. Larson Dina Micheletti Meanwhile, Public Citizen sexual harassment claims to Brad J. Moore continues to lead the charge go to court instead of forcing Jennifer Rosenberg through other means to them into arbitration. Craig E. Rothburd oppose the now-routine use While Wells Fargo’s new Thomas G. Shapiro Daniel Shih of forced arbitration clauses. position is a step in the Roger M. Townsend For example, in February, right direction, it does not Janet Varnell Public Citizen, along with go nearly far enough. For Anthony Vozzolo coalition partners, worked example, even under its new Brian Warwick Theodore “Todd” S. Wickersham Jr. hard behind the scenes to policy, Wells Fargo contin- William Wickersham urge Intuit shareholders to Joel O. Wooten vote down a proposal that See Arbitration, Page 7

6 Public Citizen Civil Justice Project News

Arbitration, Continued from Page 6 ues to require claims based on FORCED ARBITRATION other forms of discrimination or harassment, such as discrimina- Public Citizen is leading a coalition of organizations to tion against an African Ameri- pressure Wells Fargo to end the use of forced arbitration can employee, to be addressed against workers and customers. behind the shroud of opaque arbitration proceedings. The bank’s new policy also outcome related to the specific a lawsuit against Amtrak. (See does not address other unfair company. story on page 2.) workplace practices, such as More broadly, campaigns Blumenthal and Lamb’s bill, improper wage calculations or against the arbitration policies of titled Ending Passenger Rail firing an employee in retaliation one company can dissuade their Forced Arbitration Act (H.R. for exposing corporate wrongdo- competitors from taking similar 6101), would prohibit Amtrak ing. actions. They also provide an from blocking the courthouse Wells Fargo continues to avenue to educate the public on doors to passengers with a claim require such disputes be sent forced arbitration. against Amtrak. to private arbitration, where In addition, Public Citizen is Although the bill may end such practices do not receive supporting bills that would bar up in the McConnell legislative the public scrutiny needed to forced arbitration in specific graveyard, our advocacy for the address the root problem. arenas. For example, in early bill has pushed Amtrak to go In March, in a series of March, U.S. Sen. Richard on the defensive, forcing it to U.S. House Financial Services Blumenthal (D-Conn.) and U.S. explain to the press, customers, Committee hearings with Wells Rep. Conor Lamb (R-Pa.) intro- and Congress why it has taken Fargo senior leadership, Public duced a bill that would prevent this course of action. Citizen worked with Capitol Hill Amtrak from forcing its passen- We are intensifying that allies to publicize the problems gers into arbitration. pressure through media work, with forced arbitration. The bills came on the heels advocacy on Capitol Hill, and Our campaigns against of a Public Citizen-led effort, public education efforts until we powerful companies like involving 31 organizations, to succeed in reversing Amtrak’s Intuit and Wells Fargo serve a pressure Amtrak to give up its position, as we have done dual purpose. Most immedi- forced arbitration clause as with other corporate pressure ately, each campaign seeks an well as Public Citizen’s filing of campaigns.

THANK YOU TO OUR SUPPORTERS — CIVIL JUSTICE ADVOCATES (Annual Support of $3,000-$5,999)

Jason Adkins Tim Dollar Kit A. Pierson Greg Allen Pamela Gilbert Cole Portis American Association for Justice Bernard Gross Patrick M. Regan The Attorneys Information Charles LaDuca Joseph M. Sellers Exchange Group Victor E. Long Thomas M. Sobol Jere Beasley Patrick A. Malone Christine D. Spagnoli Tim Becker Thomas J. Meltvin Marc Stanley Robert Bramson Dee Miles Natalie Sticesen Mark Bronson Alan and Anne Morrison Steven Tillery Stephen R. Bruce Diane Nast Gibson Vance James C. Causey Peter Nicholl Salvatore Zambri Paul Cornoni Victoria Nugent Jonathan Cuneo Robert E. Paul

Winter/Spring 2020 7 Civil Justice Project News Defending the Telephone Consumer Protection Act he Telephone Consumer In all three cases, the courts and other political organiza- TProtection Act (TCPA) of appeals agreed that the tions sued the attorney general prohibits making calls to cell TCPA’s exception creates a and Federal Communications phones using automated content-based preference. Commission, seeking a declara- telephone dialing systems or Rather than striking down the tory judgment that the automat- recorded messages without the prohibition, however, the courts ed-call restriction is unconstitu- recipients’ consent. In three struck down only the exception. tional and an injunction against recent cases, federal courts of The courts held that, with the its enforcement. The govern- appeals upheld this provision exception stricken, the TCPA ment petitioned for certiorari in the face of First Amendment prohibition is a valid, content- after the Fourth Circuit struck challenges. neutral restriction on the time, down the TCPA exception but Three petitions place, or manner of speech. upheld the remainder of the for certiorari to Two of the appeals arose from prohibition. the U.S. Supreme cases brought by individuals The Supreme Court granted Court promptly suing under the TCPA because the government’s petition and is followed, and they received robocalls to their holding the other two pending Public Citizen is cell phones. As a defense, the its decision. Public Citizen then by Allison playing a role in defendant — Facebook in one filed an amicus brief in that Zieve, director, all three cases. and Charter Communications case, Barr v. American Associa- Litigation Group In the cases, in the other — argued that the tion of Political Consultants, Inc. the First Amend- prohibition violates the First Our brief explains that, when ment challenge is based on a Amendment. conduct regulations burden 2015 amendment to this prohibi- The defendants then each protected speech, the First tion, which makes an exception petitioned for certiorari after Amendment permits the regula- for calls to collect debts owed the Ninth Circuit upheld the tions if they are content neutral to or guaranteed by the federal challenged TCPA prohibition. and serve significant govern- government. Public Citizen attorneys mental interests. The challengers argued that joined as co-counsel in the The TCPA prohibition on the exception was a content- Supreme Court and drafted the automated calls to cell phones based preference for some oppositions to the petitions in without consent satisfies this forms of speech over others and both cases. standard because it serves an that, as a result, the prohibition In the third case, an associa- violates the First Amendment. tion of political consultants See TCPA, Page 9

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Lauren G. Barnes Deepak Gupta Frank M. Pitre Greg Barnhart Robert L. Habush Jack Scarola Nancy Barron Scott Jeeves Christian D. Searcy Steven M. Birnbaum Debra Katz John Shipley Jeffrey A. Burns Michael A. Kelly George Sinas Jeffrey D. Eisenberg & Bryan Kemnitzer Bill Wagner Tasha Savage Kristin Kemnitzer Wyatt and Beatrice Wright J. Kent Emison Ted B. Lyon Arthur and Charlotte Zitrin Cary Flitter Adam McNeile Foundation John Girardi Missouri Association of Tom Girardi Trial Attorneys

8 Public Citizen Civil Justice Project News

TCPA, Continued from Page 8 interest of the highest order: applying strict scrutiny, the the amendment responsible protecting individuals against TCPA’s restrictions on robocall- for it, the consequence would unwanted and irksome intru- ing would pass muster because not be facial invalidation of the sions into personal privacy. they remain narrowly tailored to TCPA in all its applications. The amendment to the TCPA’s the compelling privacy protec- The bulk of the statute prohibition, which excepts tion interest they serve. applies to calls involving automated calls to collect debts In its brief, Public Citizen commercial speech that may owed to or guaranteed by the argues that if the exception is be subjected to content-based , did not transform constitutionally problematic, regulation without trigger- the restrictions from a neutral the proper remedy is the one ing strict scrutiny. Even if the regulation of conduct into a on which all three of the lower statute may not be applied content-based one. court decisions agreed: severing validly to respondents’ politi- As our brief argues, the the problematic exception and cal speech, the Supreme Court’s exception is not defined by the keeping the rest of the statute precedents foreclose a broader content of speech, but by use intact. invalidation of the law. of automated telephone equip- Finally, the brief argues, even The Supreme Court sched- ment in a particular form of if the court of appeals were uled oral argument in Barr for regulable commercial activity: correct to find a constitutional April 22 and will issue a decision debt collection. Moreover, even violation and incorrect to sever by the end of June.

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Mary Alexander Steven Bronson David Disabato Greg Allen Lance Cline Robert Dodson Jere Beasley Lisa Considine Carmen Eanni Joseph and Marjorie Belth Keith Curtis Richard Friedman Stephen Boyd Miriam Cutler Collin Fritz Charles Brainard Jonathan Damashek Anthony Gair Lauren Bronson Deitzler Foundation, Inc. Neil Getnick

Winter/Spring 2020 9 Civil Justice Project News

Oil Companies, Continued from Page 1 officers were very unpopular in LITIGATION states that opposed the War of 1812 and were often sued or even Public Citizen’s efforts in these cases reflect the prosecuted in state courts for intersection of two different organizational commitments: carrying out their duties. our dedication to the desperate fight against global To protect them, Congress warming, and our wonky devotion to the principle gave them the right to move that corporations should not be permitted to misuse the those cases to federal courts that jurisdiction of federal courts. were less likely to be influenced by hostility to federal officers. What do claims against oil federal officer removal statute of Appeals for the First, Fourth, companies have to do with a when sued in state court. Philip Ninth, and Tenth Circuits in cases law intended to protect federal Morris tried it over a dozen years originally filed in the state courts officers and employees and those ago, claiming that it acted under of Rhode Island, Maryland, who assist them in carrying out the direction of a federal officer California, and Colorado and their duties? when it concealed the hazards of moved to federal court by the oil According to the oil compa- “light” cigarettes. companies. nies, when they marketed fossil The Supreme Court slapped The amicus briefs explain that fuels and concealed their knowl- down that effort, holding that the oil companies’ worldwide edge of the danger of global a company cannot move a case production and marketing efforts warming, they were engaging in to federal court just because it have nothing in common with official actions under the direc- carries out its business in compli- the kinds of actions of federal tion of federal officers. ance with federal regulations. officers that the removal statute Why? The companies’ ratio- Amicus briefs filed by Public was created to protect. nale is that they have offshore Citizen played an important role Public Citizen’s efforts in these oil leases with the United States, in bringing about that decision. cases reflect the intersection gasoline supply contracts with Public Citizen has jumped of two different organizational service stations on military bases into the climate-change cases commitments: our dedication and other federal contracts. In to explain to the courts that a to the desperate fight against producing and selling oil under company that has some federal global warming, and our wonky those contracts, they argue, they contracts cannot remove cases to devotion to the principle that are acting under the direction of federal court on the theory that corporations should not be federal officers. in running its business it is carry- permitted to misuse the jurisdic- The oil companies are not the ing out official actions under the tion of federal courts. first private enterprise charged direction of a federal officer. Each of the four courts of with concealing the hazards of Public Citizen has filed appeals is likely to rule sometime its products to try to invoke the amicus briefs in the U.S. Courts this year.

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10 Public Citizen Civil Justice Project News

Coronavirus, Continued from Page 1 to ensure that every American, every person without insurance Guaranteed sick leave: Every regardless of ability to pay, has access to the care they need American should be entitled to can receive the treatment and at no cost. sick leave from their job. But care they need for coronavirus- Ensuring access is not just again, in the absence of the related illness. about guaranteeing the health broad guarantees that should be In a Medicare for All system, of every person; it is crucial as a in place, we need specific rules this would be true automati- public health measure. Efforts for sick leave for coronavirus- cally. Achieving this objective to curtail and eventually defeat related illness or quarantines. under our current system will the epidemic will be stymied if The federal government require federal action to ensure people avoid testing or cannot also must appropriate funds public and private insurance get treatment because of cost to provide payments to self- covers all costs, with no copays, concerns, or if a vaccine is avail- employed individuals, includ- deductibles, or fees, and that able only to some. ing those in the gig economy, for work time missed and to reimburse small businesses for the cost of paid sick leave. Sick leave also is about more than treating individuals fairly; if people go to work when sick because they cannot afford to miss a day’s pay, then efforts to control the pandemic will be stymied. Vaccine affordability: We’ve issued a report on research and development into coronavi- ruses, almost all of which has been undertaken by the public sector. The obvious corollary is that a vaccine that was devel- oped with public funds should be licensed on a nonexclusive basis and must be made afford- able and accessible to all. There’s also a broader lesson

Graphic courtesy of Shutterstock. See Coronavirus, Page 12

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Stanley Marks James Pietz Monica Touesnard Christopher McGinn Michael and Peggy Pitt John Vail J. Conrad Metcalf Michael Putman Andrew Wolf Michele Mirman Jonathan Rosenfeld Council Wooten Victoria Nugent Girardeau Spann Steve Yerrid Bruce Pfaff Beth Terrell Ryan Zavodnick Winter/Spring 2020 11 Civil Justice Project News

Coronavirus, Continued from Page 11 about the failure of the monop- rapidly to bail out affected age of poll workers and that oly model to incentivize public businesses, we are insisting that many voters will stay away from health priority research and workers and regular people must the polls due to health concerns. development. be protected first. The obvious solution to this Our report was the basis for We can’t have a repeat of problem is vote-by-mail. Only a letter anchored by U.S. Rep. 2008-2009, when the banks three states conduct elections Jan Schakowsky (D-Ill.) to U.S. were bailed out and regular by mail. Twenty-eight permit Secretary of Health and Human people were left to fend for anyone who chooses to vote Services Alex Azar on vaccine themselves, with millions absentee by mail. We need all affordability. thrown out of their homes and states fully prepared for exclu- We are working on a host of millions more thrown out of sive voting by mail, if that other coronavirus health issues, work with no protections. becomes necessary. Making including protecting the right of Last, we also are homing in on sure they are prepared for this public health officials to speak threats to the 2020 election. It possibility requires them to take truthfully about the coronavi- is very possible that the corona- action now. rus, drug shortages due to U.S. virus will make it impossible The coronavirus is spreading reliance on China for pharma- to hold elections that rely on fast and increasingly disrupting ceutical raw materials, and people voting at the polls. Even everyday life. We must move protections for health workers. in a better case scenario, it is even faster in response, which is As the government moves likely that there will be a short- exactly what we are doing.

Save the Date! Public Citizen Brunch with Robert Weissman Washington, D.C. Sunday, July 12, 2020 9:00 a.m. – 10:30 a.m.

Join Public Citizen President Robert Weissman and share in the ­discussion about Public Citizen’s Civil Justice Project. For more ­information, please contact Amanda Fleming at (202) 588-7734 or [email protected].

12 Public Citizen