Tortious Act Arbitration: S.B. 52 (2011)

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Promotes arbitration in tort cases and prohibits claims for punitive


Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions.  Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators.  Decisions by arbitrators are final, but either party can request for trial de novo.  If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs.  If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.

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