Appeal Bond Reform

Problem

In an era when billion-dollar verdicts are no longer uncommon, appealing a jury verdict can force an individual, a company, or an industry into bankruptcy.

ATRA's Position:

ATRA supports appeal bond reform legislation that limits the size of an appeal bond when a company is not liquidating its assets or attempting to flee from justice.


Opposition Opinion:

The personal injury bar’s argument in support of appeal bonds – that appeal bonds secure damages awards owed to a plaintiff – fails to address the hardship imposed by the bonds on defendants who are forced to choose between risking bankruptcy by posting billion-dollar bonds, many of which are ultimately overturned by an appellate court, and forfeiting their right to appeal.

Appeal Bond Reform: H.B. 3250 (2006)

Hawaii|2006

Limited the appeal bond to $25 million, regardless of the

[…]

Limited the appeal bond to $25 million, regardless of the amount of judgment.  Provided a provision for small businesses that limits the appeal bond to $1 million.


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Unchallenged

Appeal Bond Reform

Hawaii|2004

Limits the amount a defendant can be required to pay

[…]

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Limits the amount a small business can be required to pay to secure the right to appeal to $1 million.


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Challenged and Struck Down