MINNESOTA REFORMS

Admissibility of Evidence: Settlements: SF 1827 (1990): Minn. Stat. Sec. 604.01, Subd. 3.  Provides that settlements of claims by defendants are not an admission of fault in economic loss claims.

Appeal Bond Reform: HF 1425 (2004).  Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.       

Civil Liability Reform: SF 837 (2004).  Provides civil liability protections for employers who provide job references about current and former employees.

Collateral Source Rule Reform: SB 2078 (1986): Minn. Stat. Ann. § 548.36.  Permits the admissibility of evidence of collateral source payments only for the court’s review.  Provides for awards to be offset by collateral source payments, unless the source of reimbursement has a subrogation right.  The statutory provision allowing a court to offset collateral source payments was not unconstitutionally vague and did not violate the due process, equal protection, or right to remedy provisions of the State Constitution.  Johnson v. Farmers Union Central Exchange, Inc., 414 N.W.2d 425 (Minn. App. 1987).

Contributory Negligence Reform: SF 1827 (1990): (Minn. Stat. Sec. 604.01, Subd. 1).  Expands contributory fault to encompass "economic loss" claims, such that awards to plaintiffs will be decreased in proportion to the plaintiff's fault.

Frivolous Lawsuit Sanction: SB 2078 (1986).  Allows a court to assess court costs and attorneys’ fees for frivolous claims.

Good Samaritan Protection: HF 2825\SF 2429 (1994).  Protects volunteer team physicians and volunteer certified athletic trainers from liability for giving care at non-profit team sporting events, as long as the sponsoring organizations do not have insurance coverage, and as long as the attending physician does not act recklessly.

Joint and Several Liability Reform: SF 872 (2003).  Provides that joint and several liability does not apply to defendants found to be less than 50% at fault.

Joint and Several Liability Reform: HF 1493 (1988): Minn. Stat. Ann. § 604.02 Subd. 1.  Provides that defendants found to be 15% or less at fault shall pay no more than four times their share of damages.

Medical Liability Reform: Contingent Fee Reform: Minn. Stat. Ann. § 548.36.  Requires that contingent fees in medical liability cases be based on the award adjusted for collateral source benefits.

Medical Liability Reform: Generally Accepted Practices: HF 2800 (1992).  Provides an absolute defense against medical liability when doctors adhere to practice parameters.  Provides that non-compliance to practice parameters may not be used as a basis for a cause of action.

Medical Liability Reform: Periodic Payment of Future Damages: Minn. Stat. Ann. § 549.25.  Allows a court to order the periodic payment of medical liability awards exceeding $100,000 after a hearing to determine the best interests of the claimant.

Noneconomic Damages Reform: SB 2078 (1986).  Limits the award of damages for loss of consortium, emotional distress, or embarrassment to $400,000.  The $400,000 limit on damages for embarrassment, emotional distress, and loss of consortium did not violate “certain remedy” clause of the State Constitution.  Schweich v. Ziegler, Inc., 463 N.W.2d 722 (Minn. 1990).

Prejudgment Interest Reform: SB 2078 (1986).  Prohibits the assessment of prejudgment interest on awards for future damages.

Punitive Damages Reform: (1990).  Minn. Stat. Sec. 549.20.  Requires a plaintiff to show that a defendant acted with “deliberate disregard” for the award of punitive damages.  (The former standard required only a showing of “willful indifference.”)  Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of the defendant.  Grants trial and appellate judges the power to review all punitive damages awards.

Punitive Damages Reform: SB 2078 (1986).  Prohibits plaintiffs from pleading punitive damages in an original complaint.  Requires a plaintiff to make a prima facie showing of liability before an amendment of pleadings is permitted by the court.

Punitive Damages Reform: Clear and Convincing Requirement: Minn. Stat. Ann. § 549.20.  Requires a plaintiff to prove punitive damages by clear and convincing evidence.