VIRGINIA REFORMS

Appeal Bond Reform: H.B. 430/S.B. 172 (2004).  Expands limit of $25 million on appeal bond amounts for punitive damages to apply to appeal bond amounts for all forms of damages.

Appeal Bond Reform: HB 1547 (2000).  Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Applies in out‑of‑state judgments during the stay period only.

Deceptive Trade Practices Litigation Reform: SB 437 (1989).  Allows waivers to liability associated with the Deceptive Trade Practices Litigation Act when the defendant proves: (1) the consumer is not in a significantly disparate bargaining position; (2) the consumer is represented by legal counsel in seeking or acquiring goods; and (3) the consumer waives all or part of his rights under this act by an express provision on a written contract signed by both the consumer and the consumer's legal counsel.  Requires a seller to offer a settlement during the 60 days notice period.

Government Retention of Personal Injury Lawyers: HB 309 (2002).  Requires open and competitive bidding in accordance with the Virginia Public Procurement Act for all contingent fee contracts for legal services between a state agency or state agent and outside counsel, where fees and services are reasonably expected to exceed $100,000.  

Joint and Several Liability Reform:  Bars application of the rule of joint and several liability in the recovery of all damages.

Medical Liability Reform: Damages Limits: Va. Code Ann. § 8.01-581-15.  Limits total damages in medical liability cases to $1.5 million for acts occurring on or after August 1, 1999, with additional annual adjustments of $50,000 on July 1, 2000, and each July 1 thereafter, with final annual increases of $75,000 on July 1, 2007, and July 1, 2008.  The $1 million limit on recoveries in medical liability actions did not violate the right to jury trial, prohibition against special legislation, or separation of powers provisions of the State Constitution, or takings, due process or equal protection provisions of the State or Federal Constitutions.  Pulliam v. Coastal Emergency Services of Richmond, Inc., 509 S.E.2d 307 (Va. 1999) (affirming Etheridge v. Medical Center Hospitals, 376 S.E.2d 525 (Va. 1989) (statutory limit on recoveries in medical malpractice actions did not violate due process, right to jury trial, separation of powers, prohibition against special legislation, or equal protection provisions of State Constitution).

Medical Liability Reform: Expert Witnesses: HB 1906 (2003).  Limits the number of expert witnesses that can be called to testify in medical malpractice cases.

Medical Liability Reform: Sound Science Reform: HB 37 (2002).  Clarifies that: (1) a treating physician can be called to testify regarding facts, diagnosis and treatment plan of his patient, and (2) a lawyer and practitioner of the healing arts may contact each other for a limited number of purposes.  Some judges had previously barred physicians from providing such testimony.

Punitive Damages Reform: SB 402 (1987): Va. Code Ann. § 8.01-38.1.  Limits the award of punitive damages to $350,000.  The Virginia Court of Appeals upheld the constitutionality of this statute in Wackenhut Applied Technologies Center Inc. v. Syngetron Protection Systems, No. 91‑1655, November 1992.

Sound Science Reform: HB 1977 (1989).  Requires expert witnesses to have had a clinical practice in the area of specialty about which he/she is to testify within one year of the date of the injury.