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COMPREHENSIVE CIVIL JUSTICE REFORM BILL HEADS TO MISSISSIPPI GOVERNOR
Washington, DC, June 04, 2004 -- The American Tort Reform Association (ATRA) praised the Mississippi legislature for passing comprehensive civil justice reform that will ultimately help the state’s economy and improve patient access to healthcare. HB 13 has moved out of the House and awaits Governor Haley Barbour’s signature.
“We commend the legislature and Governor Barbour for their commitment to help the state’s economy and improve patient access to affordable healthcare,” said ATRA President Sherman Joyce. “This law also will help bring fairness and balance to the state’s ‘Judicial Hellholes®’.”
Main provisions of H.B. 13 include:
Limits on noneconomic damages in medical malpractice cases of $500,000
Limits on noneconomic damages in all other civil cases of $1 million
Elimination of joint and several liability
Jury Patriotism Act
Venue reform
Product liability reform
Punitive damages reform
The effects of lawsuit abuse on the people of Mississippi are significant. Mississippi’s insurance commissioner has stated that 71 insurance companies have stopped doing business in the state. The state’s litigation environment also has forced doctors to give up specialty practices, leave the profession altogether or relocate to other states with more balanced litigation systems, according to the American Medical Association. The AMA identified Mississippi as one of 19 states it deems currently in crisis. Furthermore, a recent study by Mississippians for Economic Progress revealed that without meaningful reform, the state would lose more than 10,000 jobs by the year 2009.
Judicial Hellholes are state trial court jurisdictions where ATRA believes that impartial justice is unavailable. Personal injury lawyers seek out these jurisdictions and file cases there because they know they will receive a large reward, a favorable precedent, or both. In Mississippi, Claiborne, Copiah, Hinds, Holmes and Jefferson Counties have all been cited as Judicial Hellholes. “The new venue reforms will help prevent personal injury lawyers from filing lawsuits in jurisdictions where the cases clearly do not belong,” Joyce said.
“Mississippians for Economic Progress and the Mississippi Economic Council deserve a big round of applause for uniting the business and medical communities to help pass this meaningful reform,” Joyce concluded.
#### The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.
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