ALASKA REFORMS

Collateral Source Rule Reform: SB 337 (1986): Alaska Stat. § 9.17.070.  Permits the admissibility of evidence of collateral source payments.  Provides for awards to be offset, less any amount paid by the claimant to secure the benefit, e.g., insurance premiums.

Comparative Negligence: HB 58 (1997).  Establishes a comparative allocation of fault between parties and non-parties.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).

Joint and Several Liability Reform: Proposition 2 (1988).  Bars application of the rule of joint and several liability in the recovery of all damages.

Medical Liability Reform: Contingent Fee Reform: Alaska Stat. § 9.60.080.  Requires that contingent fees be calculated exclusive of punitive damages.

Medical Liability Reform/Noneconomic Damages Reform:  SB 67 (2005). Lowers the limit on noneconomic damages in medical liability cases to $250,000.  In the most severe cases involving disfigurement, severe permanent physical impairment, and wrongful death, the limit on noneconomic damages is $400,000.  The previous limit on noneconomic damages ranged from $400,000 to $1 million, depending on the severity of the injuries.

Medical Liability Reform: Vicarious Liability: HB 58 (1997).  Creates partial immunity for hospitals from vicarious liability for some physicians’ actions.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).

Noneconomic Damages Reform: HB 58 (1997): Alaska Stat. § 9.17.010.  Limits noneconomic damages awarded for most single injuries or deaths to the greater of $400,000 or the injured person’s life expectancy in years multiplied by $8,000.  Limits noneconomic damages for personal injuries involving permanent physical impairment or severe disfigurement to the greater of $1,000,000 or the person’s life expectancy in years multiplied by $25,000.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).

Noneconomic Damages Reform: SB 337 (1986).  Establishes a $500,000 cap on noneconomic damages for cases not involving physical impairment or disfigurement.    

Offer of Judgment: HB 58 (1997).  Strengthens the offer of judgment rule.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002). 

Periodic Payment of Future Damages: SB 337 (1986): Allows a court to order periodic payments of future damages.

Product Liability Reform: HB 160 (1994).  Provides for a 15-year statute of repose in civil actions brought against design and construction professionals.  The statute would begin to run from substantial completion of the work and require that liability be assigned proportionally to the defendant's degree of fault. 

Punitive Damages Reform: HB 58 (1997).  Limits the award of punitive damages in most cases to the greater of three times the award of compensatory damages or $500,000.  Limits the award of punitive damages to the greater of four times compensatory damages, four times the aggregate amount of financial gain, or $7,000,000, when the defendant’s action is motivated by financial gain.  Limits punitive damages in unlawful employment practices lawsuits to: $200,000, when the employer has less than 100 employees in the state; $300,000, when the employer has more than 100, but less than 200 employees in the state; $400,000, when the employer has more than 200, but less than 500 employees in the state; and $500,000, when the employer has more than 500 employees in the state.  Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “reckless indifference” or was engaged in “outrageous” conduct.  Requires the determination of awards for punitive damages to be made in a separate proceeding.  Requires that 50% of punitive damages awards be paid to the state treasury.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002). 

Punitive Damages Reform: SB 337 (1986).  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Statute of Limitations Reform: HB 58 (1997).  Establishes a modified tolling provision for the statute of limitations as applied to minors.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).

Statute of Repose Reform: HB 58 (1997).  Establishes a ten-year statute of repose.  The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution).  Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).