Miscellaneous

Asbestos Trust Transparency: S.B. 470 (2018)

North Carolina|2018

Requires a plaintiff to file a sworn statement within 30

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Requires a plaintiff to file a sworn statement within 30 days of filing a personal injury claim indicating that an investigation of all bankruptcy trust claims has been conducted and that all claims that can be made by the plaintiff have been filed. If the defendant has a reasonable belief that the plaintiff can file additional claims, the defendant may move the court to stay the action until the plaintiff files the bankruptcy trust claims.


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Unchallenged

Medical Liability Reform: S.B. 33 (2011)

North Carolina|2011

Bifurcation of Trials – Upon motion of any party in

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  • Bifurcation of TrialsUpon motion of any party in an action in tort wherein the plaintiff seeks damages exceeding $150,000, the court shall order separate trials for the issue of liability and the issue of damages, unless the court for good cause shown orders a single trial.  Evidence relating solely to compensatory damages shall not be admissible until the trier of fact has determined that the defendant is liable.  The same trier of fact that tries the issues relating to liability shall try the issues relating to damages.
  • Expert Review – Current North Carolina law requires a plaintiff to have an expert witness who is qualified and willing to testify that there was a deviation in the standard of care in order for a case to proceed. B. 33 requires such expert witnesses to review all reasonably available medical records in making such a determination rather than relying on hypothetical scenarios.
  • Non-emergency Care – Provides that in any medical malpractice action arising out of the provision of emergency services, the health care provider shall not be liable for the payment of damages unless it is found that the care provided was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.
  • Emergency Care – Provides that in the treatment of an emergency medical condition, as defined in 42 U.S.C. § 1395dd(e)(1)(A), the claimant must prove a violation of the standards of practice by clear and convincing evidence.
  • Noneconomic Damages Reform – Limits noneconomic damages in medical liability cases to $500,000 against all defendants. The limit is subject to adjustments every three years starting on January 1, 2014, based on the Consumer Price Index.  The legislation does provide for an exception to the limit if: (1) the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death; and (2) the defendant’s acts or failures, which are the proximate cause of the plaintiff’s injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.             
  • Statute of Limitations for Actions by Minors or on Minor’s Behalf – Provides that an action may be brought at any time prior to a minor’s 10th birthday. For minors ruled to be abused or neglected, then the action must be commenced within three years of such judgment or consent order or before the minor reaches his/her 10th birthday – whichever is later.  For minors in the custody of the state, county or child placing agency, the action must be brought one year post-custody or before the minor’s 10th birthday – whichever is later.

 


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Unchallenged

Affirmative Civil Justice Reform Package: H.B. 542 (2011)

North Carolina|2011

Requires that juries be given accurate information about the medical

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  • Requires that juries be given accurate information about the medical bills actually paid.
  • Establishes requirements for expert witness testimony that will make North Carolina consistent with the requirements in federal courts and the majority of other states. Makes courts more efficient and fair and help deter frivolous lawsuits.
  • Addresses attorneys fees in small cases by restoring the original intent of the statute which was to encourage parties to negotiate reasonable settlements and reduce litigation.
  • Codifies North Carolina common law to make clear that land owners are not liable for harm to trespassers on their property.

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Unchallenged

Y2K Liability: SB 1005 (1999)

North Carolina|1999

Requires privity of contract to bring a suit; eliminates punitive

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Requires privity of contract to bring a suit; eliminates punitive damages; provides that total damages shall not exceed actual damages, provides that no employee, officer or director shall be held liable for Y2K related failures and requires mediation procedures before filing a suit.


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Unchallenged

Transparency in Private Attorney Contracting: S.B. 648 (2015)

North Carolina|2015

Ensures that should the state award contingency fee contracts that

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Ensures that should the state award contingency fee contracts that they are awarded openly and transparently and that the state would receive maximum practicable amount of any settlement or award.  The bill places a tiered limit on the contingency fees that may be paid to outside council.


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Unchallenged

SB 791 (1991)

North Carolina|1991

establishes pilot programs to require mediation of civil actions, including

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establishes pilot programs to require mediation of civil actions, including medical malpractice lawsuits


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Unchallenged

HB 425 (1991)

North Carolina|1991

expands the 1989 Good Samaritan statute, which included only volunteer

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expands the 1989 Good Samaritan statute, which included only volunteer physiciant immunity for free emergency services at local health department facilities or non-profit community health centers, to include all free services rendered at these sites


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Unchallenged

Expert Witness reform: HB 730 (1995)

North Carolina|1995

Provides qualifications for expert witnesses in medical malpractice suits and

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Provides qualifications for expert witnesses in medical malpractice suits and requires a qualified expert witness to review the plaintiff’s record prior to filing suit


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Unchallenged

Employer Reference Immunity: SB 264 (1997)

North Carolina|1997

Provides employers immunity from civil liability for providing employee references

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Provides employers immunity from civil liability for providing employee references unless proven by a preponderance of the evidence both of the following: 1) the employer disclosed false information and 2) the employer knew or reasonably should have known the information was false.


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Unchallenged

Affirmative Civil Justice Reform Package: HB 542 (2011)

North Carolina|2011

• Requires that juries be given accurate information about the

[…]

• Requires that juries be given accurate information about the medical bills actually paid.
• Establishes requirements for expert witness testimony that will make North Carolina consistent with the requirements in federal courts and the majority of other states. Makes courts more efficient and fair and help deter frivolous lawsuits.
• Addresses attorneys fees in small cases by restoring the original intent of the statute which was to encourage parties to negotiate reasonable settlements and reduce litigation.
• Codifies North Carolina common law to make clear that land owners are not liable for harm to trespassers on their property.

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Unchallenged