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ARTICLE · 09 JANUARY 2025

Stripping Away Individual Rights Through Corporate Immunity

Robins Kaplan LLP
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A new trend is emerging among corporations to seek immunity from prosecution and prevent consumers from suing after the corporation's product injures a consumer.

United StatesLitigation, Mediation & Arbitration
Julie A.K. Reynolds
Julie A.K. Reynolds

A new trend is emerging among corporations to seek immunity from prosecution and prevent consumers from suing after the corporation's product injures a consumer. As an example, Bayer/Monsanto1 is currently seeking legislative protections for injuries from Roundup. If Bayer succeeds in obtaining this type of legal protection, consumers could no longer sue for injuries related to this pesticide.

What is Corporate Immunity?

Black's Law defines corporate immunity as "a corporate officer's immunity from personal liability for a tortious act committed while acting in good faith and within the course of corporate duties."2 However, this is not the type of immunity that corporations currently seek. Instead, corporations are asking for legislative protections to prevent individuals from suing the corporation (not the corporate officers) when injured by the corporation's product—a definition not provided in Black's Law Dictionary.

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