WYOMING REFORMS

Appeal Bond Reform: H.B. 196 (2007). Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million. For small businesses, defined as having 50 or fewer employees, limits the amount to secure the right to appeal to $2 million.

Frivolous Lawsuit Sanction: HB 14A (1986).  Allows a court to assess reasonable court costs and attorneys’ fees for frivolous claims or defenses.

Joint and Several Liability Reform: SF 35 (1994).  Amends the joint and several liability reform passed in 1986.  Defines when an individual is at fault.  Specifies the amount of damages recoverable in cases where more than one party is at fault.  Clarifies the relationship between fault and negligence.

Joint and Several Liability Reform: SB 17 (1986): Wyo. Stat. Ann.    § 1-1-109(e).  Bars application of the rule of joint and several liability in the recovery of all damages.

Medical Liability Reform: Contingent Fee Reform: Wyo. Ct. Rules Ann. Contingency Fee R. 5.  Limits contingent fees in medical liability cases to: one-third of the recovery, if the claim settles within 60 days of the filing of the lawsuit; forty percent of the recovery, if the claim is settled after 60 days or a judgment is entered upon a verdict; and 30 percent of any recovery exceeding $1 million.

Medical Liability Reform: Volunteer Immunity: HB 97 (2003).  Provides immunity from liability for volunteer health care professionals at nonprofit health care facilities.

Obesity Litigation Reform: HB 170 (2005). Exempts from civil liability manufacturers, sellers, trade associations, agricultural producers (means any producer of livestock, crops for food or fiber, dairy products and any other product for human consumption from an agricultural operation), wholesalers, brokers or retailers of a qualified food product [means any food or drink as defined in 21 U.S.C. 321 (f) and specifically includes meat and meat products from livestock, food, fiber, dairy product and any other product for human consumption from an agricultural operation] in cases in which liability is based on weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain or obesity or health condition results from the long-term consumption of a qualified product.  The liability exemption does not apply if the claim is based on a material violation of a federal or state composition, branding, or labeling standard and that the violation was committed with intent to deceive or injure consumers or with actual knowledge that the violation was injurious to consumers.

Recreation Safety Act- S.B. 79 (2011), Wyo. Stat. § 1-1-121, Wyo. Stat. § 1-1-123.  Grants parents the right to release or waive a minor child's prospective claim for negligence against the provider of a sport or recreational opportunity in which the minor participates.  Provides that only a parent may sign a waiver or release form and it need not be signed by the minor.  A parent may not waive a minor's prospective claim against the provider for willful, wanton or reckless acts.