Governor signs law on punitive damages, merchandising act
Missouri Governor Mike Parson signed into law reforms to the state’s punitive damages system, writes John Breslin for the St. Louis Record.
Governor Mike Parson signed into law changes to the legal make that was championed by business leaders and tort reform advocates.
Punitive damages will be awarded only if the plaintiff proves by “clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of other,” according language of SB 591.
Plaintiffs also cannot include a claim for punitive damages in an initial filing and must put forward some evidence before a judge will decide whether it can be added.
“Gov. Parson’s signature on S.B. 591 is a win for Missourians who suffer the effects of lawsuit abuse and sends a strong signal to those bad actors who would abuse the system ” Tiger Joyce, president of the American Tort Reform Association (ATRA), told the St. Louis Record in a statement.
ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.