Appeal Bond Reform: S.B. 6541 (2006). Limits
appeal bonds for signatories to the Master Settlement Agreement to $100
million.
Barring Admission of a Defendant’s Apology: SB 6429
(2002). Bars the admission of a
defendant's apology to a plaintiff as evidence in support of a plaintiff's
case. The law previously discouraged discourse and
impeded the resolution of disputes between parties by allowing apologies to be
used against defendants in litigation.
Condo Liability: HB 1848 (2005). Addresses construction defect
disputes in multi-unit buildings.
Construction Liability Reform: SB 6409 (2002). Requires a potential plaintiff to wait to file a
lawsuit against a construction professional for a construction defect until
that construction professional has had an opportunity to correct the defect.
Employer Reference: HB 1625 (2005). Provides civil liability
protections for employers who provide job references about current and former
employees.
Firefighter/Peer Support Group Privilege: H.B. 2366 (2006). Provides
that certain communications between firefighters and peer support group
counselors are privileged.
Frivolous Lawsuit Sanction: SB 5023 (1991). Allows
a court to impose sanctions, including the awarding of attorneys’ fees and
costs, against a party to a lawsuit that advances the lawsuit frivolously, even
if the case is settled by the parties and does not
proceed to trial. Allows a trial court
to enter an order requiring the non-prevailing party to pay attorneys’ fees and
costs whether a case is ended through a voluntary or involuntary order of
dismissal.
Frivolous
Lawsuit Sanction:
SB 4630 (1986). Allows
a court to assess reasonable expenses, including attorneys’ fees, where it is
determined that an action, claim, or defense was frivolous.
Joint and Several
Liability Reform: SB 4630 (1986): Wash. Rev. Code Ann.
§ 4.22.070(1)(b). Bars application of the rule of joint and several
liability in the recovery of all damages, except in cases in which defendants
acted in concert or the plaintiff is found to be fault free, or in cases
involving hazardous or solid waste disposal sites, business torts and
manufacturing of generic products.
Medical Liability Reform/Collateral Source Rule: H.B.
2292 (2006). Provides for the admissibility of evidence that the
plaintiff has already been compensated for the injury
from any source except for the assets of the plaintiff, plaintiff’s
representative, or the plaintiff’s immediate family. Plaintiff may also present evidence of an
obligation to repay any compensation.
Medical Liability Reform: Collateral Source Rule
Reform: Wash. Rev. Code Ann. § 7.70.080.
Permits
the admissibility of evidence of collateral source payments in medical
liability cases, except if the source is an insurance policy that the plaintiff
or a member of the immediate family purchased with his or her assets.
Medical Liability Reform: Contingent Fee Reform:
Wash. Rev. Code Ann. § 7.70.070. Requires a court to determine the
reasonableness of contingent fees in medical liability cases.
Medical Liability
Reform/ Expressions of Sympathy: H.B. 2292 (2006). Provides
that expressions of sympathy, regret, apology, etc. by healthcare providers are
inadmissible as evidence and shall not constitute an admission of liability.
Medical Liability
Reform/Frivolous Lawsuits: H.B. 2292 (2006). Provides that an
attorney filing a claim must certify that to the best of the party’s or
attorney’s knowledge, the claim is well grounded in
fact and is warranted by existing law or good faith arguments. If an attorney is found
in violation of this rule, the court may impose an appropriate sanction to
include an order to pay defendant costs, including a reasonable attorney fee.
Medical Liability
Reform/Statute of Repose: H.B. 2292 (2006). Reenacts
the eight-year statute of repose for medical liability cases.
Medical Liability
Reform/Voluntary Arbitration: H.B. 2292 (2006). Allows
parties in an action to elect to submit the dispute to arbitration.
Noneconomic
Damages Reform: SB 4630 (1986). Limits the award of noneconomic damages for bodily
injury to .43% times the average annual wage times the plaintiff’s life
expectancy (no less than 15 years). The variable limit on noneconomic damages
awards violated the right to trial by jury under the State Constitution. Sofie v. Fibreboard Corp.,
771 P.2d 711 (
Obesity Litigation
Reform: SB 6601 (2004). Exempts from civil
liability manufacturers, packers, distributors, carriers, holders, marketers,
or seller of food or nonalcoholic beverages for suits brought by private
parties when the claim is based upon weight gain,
obesity, or health conditions related to weight or obesity resulting from the
long-term consumption of food or nonalcoholic beverages.
Periodic Payment of Future Damages: SB 4630
(1986). Wash. Rev. Code Ann. § 4.56.260. Allows a court to order the periodic payment of
future damages exceeding $100,000. Provides that a lump-sum payment will be due
if the defendant fails to provide adequate security within 30 days.
Post-judgment
Interest Rate Reform: HB 2485 (2004). Establishes
the post-judgment interest rate equal to the average twenty-six week Treasury
bill rate, plus two percent.