Miscellaneous - ATRA

Miscellaneous

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Seat Belt Evidence Admissibility – S.B. 439

West Virginia|2021

Displaces a longstanding provision that had excluded seat belt non-usage

Displaces a longstanding provision that had excluded seat belt non-usage evidence for any purpose if the claimant stipulated to a reduction of damages by a mere five percent. Juries will be allowed to consider and use evidence that a claimant had failed to wear seat belt when they determine the damages resulting from motor vehicle crashes. In the case of adult drivers and passengers who bring product liability claims against vehicle and component sellers, evidence of the claimant’s failure to buckle-up is admissible without limitation. For other types of claims, an adult’s failure to use a seat belt may be considered by juries with respect to the exacerbation and contribution to that claimant’s injuries, but not to establish comparative negligence or fault. For child passengers, allows juries to consider seat belt non-usage evidence in support of a finding that the driver was negligent in contributing to the child’s injuries, but the evidence may not be considered in determining injury causation. The failure to use a seat belt is an affirmative defense, that the defendant must support with admissible opinion testimony. Finally, exceptions apply so that seat belt non-usage evidence will be excluded when an at-fault driver is determined to be intoxicated or fleeing law enforcement. The bill is applicable to claims arising from collisions that occur on or after July 6, 2021.

Unchallenged

Intermediate Court of Appeals – S.B. 275

West Virginia|2021

Establishes an intermediate court of appeals in the State of

Establishes an intermediate court of appeals in the State of West Virginia. Prior to enactment of this legislation, the state did not have an intermediate court of appeals.

Unchallenged

Asbestos & Silica Litigation Reform / Over-Naming – H.B. 2495

West Virginia|2021

Provides that within 60 days of filing an asbestos or

Provides that within 60 days of filing an asbestos or silica action, a plaintiff must file a sworn information form that specifies the evidence that provides the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos or silica action without prejudice as to any defendant whose product or premises is not identified in the required disclosures.

Unchallenged

Asbestos Litigation Reform / Over-Naming

Tennessee|2021

A plaintiff filing an asbestos action after July 1 must

A plaintiff filing an asbestos action after July 1 must file, within 30 days of any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos action without prejudice as to any defendant whose product or premises is not identified in the required disclosures. In addition, absent consent of all parties, asbestos cases may be joined for trial only if the cases relate to the exposed person and members of that person’s household. Tennessee had banned on joinder of nonmalignant asbestos disease claims at trial; that ban has been extended to all asbestos cases.

Unchallenged

Statute of Limitations for Contracts – S.B. 13

Ohio|2021

Reduces the statute of limitations on written and oral contracts.

Reduces the statute of limitations on written and oral contracts. Shortens from eight to six years the period of limitations of actions on a contract in writing and shortens from six to four years the period of limitations of actions on a contract not in writing.

Unchallenged

Asbestos Litigation Reform – H.B. 1207

North Dakota|2021

Asbestos claimants will have to support their claims with a

Asbestos claimants will have to support their claims with a medical report signed by a treating physician demonstrating that the claimant has asbestos-related impairment according to objective medical criteria. For claims involving a malignant condition, the trial court will be required to hold a hearing to determine if the exposed person’s cancer is asbestos-related. Within 45 days of filing an asbestos or silica action, a plaintiff must file a sworn information form that specifies the evidence that provides the basis for each claim against each defendant and include supporting documentation. In addition, absent consent of all parties, asbestos cases may be joined for trial only if the cases relate to the exposed person and members of that person’s household. Codifies a legal doctrine called the “bare metal” defense, which holds that a manufacturer or seller of a product, such as a pump, is not liable for later-added external thermal insulation or replacement internal components, such as gaskets, made or sold by a third party. Permits a seller to obtain dismissal when the seller has simply been part of the chain of distribution of a product that is alleged to have caused a harm. The law applies to all asbestos claims filed on or after August 1, 2021.

Unchallenged

Arbitration Awards and Intervention in Court Proceedings for Insurance Companies– H.B. 345

Missouri|2021

Provides that any arbitration award for personal injury, bodily injury,

Provides that any arbitration award for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death shall not be enforceable against insurers unless the insurer has agreed in writing to the arbitration proceeding or agreement. Unless otherwise required by contract, an insurer’s election to not participate in arbitration shall not constitute bad faith. These provisions shall not apply to any arbitration awards for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death, arising out of an arbitration agreement preceding the date of injury or loss.

Specifies that a person having an unliquidated claim for damages against a tort-feasor may enter into a contract with the tort-feasor if the person’s insurer has refused to withdraw a reservation of rights or declined coverage for such unliquidated claim. The bill specifies what happens if there is any action seeking a judgment on a claim against a tort-feasor at the time of the execution of any contract between the two parties, what happens if there is a pending action at the time of the execution of a contract but the action is subsequently dismissed, and what happens if there is no action seeking judgment on a claim at the time of the execution of any contract between the two parties. Any insurer who receives notice under this section will have the unconditional right to intervene in any pending civil action involving the claim for damages within 30 days after receipt of the notice and insurers intervening in a court proceeding where the defendant has contracted to limit his or her liability to specified assets shall have all the same rights as are afforded to defendants. These provisions shall not alter or reduce an intervening insurer’s obligations to any insureds other than the tort-feasor, including any co-insureds. All terms of a covenant not to execute or any terms of any contract to limit recovery to specified assets must be in writing and signed by the parties to the covenant or contract. No unwritten terms of any covenant or contract under this section will be enforceable against any party to the covenant or contract or any other person or entity. In any action asserting bad faith by the insurer, any agreement between the tort-feasor and the insured will be admissible in evidence. The exercise of any rights under this section will not be construed to be bad faith.

Unchallenged

Trespasser Responsibility – S.B. 338

Montana|2021

Provides that, in general, a landowner does not owe a

Provides that, in general, a landowner does not owe a duty of care to trespassers with respect to the condition of the property.

Unchallenged

Firearms Liability – S.B. 1382

Arizona|2021

Prohibits the state from suing members of the firearm industry

Prohibits the state from suing members of the firearm industry for lawful design, marketing, distribution, and sale of firearms and ammunition to the public. It also prohibits civil action against the manufacturer or seller of a firearm or ammunition for damages related to the criminal misuse of the firearm or ammunition.

Unchallenged

Apportionment of Liability – H.B. 961

Georgia|2022

Provides for apportionment of damages in single-defendant lawsuits.

Provides for apportionment of damages in single-defendant lawsuits.

Unchallenged

Property Insurance Reform – S.B. 2-D (Special Session)

Florida|2022

Assignment of Benefits Prohibits assignment of the right to obtain

Assignment of Benefits

Prohibits assignment of the right to obtain attorney fees in suits arising out of a property insurance policy to persons other than a named or omnibus insured or a named beneficiary under the policy. Result is that assignment agreements may occur, but the assignee vendor will no longer be able to recover attorney fees in suits against an insurer. Applies to property insurance lawsuits brought by vendor assignees against authorized insurers and surplus lines insurers. Eliminates statutory language detailing the methodology for awarding attorney fees to plaintiffs or defendants in litigation brought by an assignee of benefits under a property insurance policy. The language is no longer necessary because the bill prohibits assignment of the right to recover attorney fees in suits arising out of a property insurance policy. Revises the definition of “assignment agreement” to include assignments executed by a party that inspects the property, clarifies that public adjuster fees are not an assignment agreement, and clarifies the requirement to provide a Notice of Intent to Initiate Litigation before filing suit. Requires that a valid AOB must specify that the assignee will hold harmless the assignor from all liabilities, including attorney fees.

Attorney Fee Multipliers

Creates a new standard for the award of an attorney fee multiplier in property insurance litigation. Creates a presumption that in property insurance cases, attorney fee awards based on the Lodestar methodology are sufficient and reasonable. Attorney fee multipliers may only be awarded under rare and exceptional circumstances with evidence that competent counsel could not be hired in a reasonable manner. Allows a court to award attorney fees when a first-party claimant’s property insurance suit is dismissed without prejudice for failure to provide a Notice of Intent to Initiate Litigation.

Attorney Fees Dismissal for Failure to Provide Notice

Provides that a defendant insurer may obtain attorney fees and costs associated with securing a dismissal without prejudice for failure to provide the required Notice of Intent to Initiate Litigation at least 10 days before filing a suit against a property insurer.

First Party Bad Faith

Requires a claimant to establish a property insurer breached the insurance contract in order for the claimant to prevail in a bad faith claim for extracontractual damages under s. 624.155(1)(b), F.S. Applies to civil remedy actions based upon a property insurer: not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for his or her interests; making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made; or except as to liability coverages, failing to settle claims promptly, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy.

Unchallenged

Property Insurance Reform – S.B. 2-A (Special Session)

Florida|2022

Arbitration A property insurance policy may not require that a

Arbitration

A property insurance policy may not require that a policyholder participate in mandatory binding arbitration unless all of the following apply: (1) the mandatory binding arbitration requirements are contained in a separate endorsement attached to the property insurance policy; (2) the premium that a policyholder is charged for the policy includes an actuarially sound credit or premium discount for the mandatory binding arbitration endorsement; (3) the policyholder signs a form electing to accept mandatory binding arbitration. The form must notify the policyholder of the rights given up in exchange for the credit or premium discount, including, but not limited to, the right to a trial by jury; (4) the endorsement establishes that an insurer will comply with the mediation provisions set forth in s. 627.7015 before the initiation of arbitration; and (5) the insurer also offers the policyholder a policy that does not require that the policyholder participate in mandatory binding arbitration.

Assignment of Benefits

Prohibits the assignment, in whole or in part, of any post-loss insurance benefit under any residential property insurance policy or under any commercial property insurance policy issued on or after January 1, 2023.

Attorney Fees in Property Insurance Cases

Provides that the one-way attorney fee provisions are not applicable in a suit arising under a residential or commercial property insurance policy. Reinstates application of the civil offer of judgment statute to civil actions arising under a residential or commercial property insurance policy and allows joint offers of settlement in property insurance litigation contingent on acceptance of all joint offerees. Removes provisions regarding attorney fees relating to the alternative procedure for resolution of disputed sinkhole insurance claims.

Bad Faith Failure to Settle Actions against Property Insurers

Provides that bad faith litigation for failure to settle a property insurance claim may not be filed until after the insured has established through adverse adjudication by a court that the insurer breached the insurance contract and a final judgment or decree has been rendered against the insurer.

Claim Filing Deadline

Reduces the deadline for policyholders to report a claim under the policy from 2 years to 1 year for a new or reopened claim, and from 3 years to 18 months for a supplemental claim.

Unchallenged

Premises Liability Reform – S.B. 115

Colorado|2022

Clarifies the meaning of terms related to landowner liability and

Clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined: the foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and that a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.

Unchallenged

Asbestos Overnaming – S.B. 1157

Arizona|2022

Provides that within 45 days of filing an asbestos action,

Provides that within 45 days of filing an asbestos action, a plaintiff shall file a sworn statement specifying the facts that provide the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos action without prejudice as to any defendant whose product or premises is not identified in the required disclosures.

Unchallenged

Civil Justice Reform Act of 2020 – H.B. 57 (Special Session)

Louisiana|2020

JURY TRIAL THRESHOLD Reduces the jury trial threshold from $50,000

JURY TRIAL THRESHOLD

Reduces the jury trial threshold from $50,000 to $10,000. Provides that if a party fails to file a motion to transfer within the delays provided by existing law, the matter shall not be transferred. Further provides that a jury trial shall not be available for non-tort suits originally filed in parish or city court when the amount in controversy does not exceed the parish or city court’s jurisdictional limit. Provides that in a tort action where a petitioner stipulates or otherwise judicially admits that his cause of action exceeds $10,000, but is less than $50,000, a party requesting a jury trial shall provide a cash deposit in the amount of $5,000. Further provides that when the case is set for trial, the court may provide for a supplemental bond or cash deposit in accordance with existing law.

EVIDENCE OF LIABILITY INSURANCE

Provides that the existence of insurance coverage shall not be communicated to the jury, unless any of the following apply: (1) a factual dispute related to an issue of coverage is an issue which the jury will decide; (2) the existence of insurance coverage would be admissible to attack the credibility of a witness pursuant to existing law (C.E. Art. 607) which provides for attacking and supporting a witness’ credibility; (3) the cause of action is brought against the insurer alone in the limited circumstances provided by existing law under the direct action statute or under the statute requiring good faith and fair dealing in the settlement of claims. Provides that the identity of the insurer shall not be communicated to the jury unless the identity of the insurer would be admissible to attack the credibility of a witness pursuant to existing law. Provides that in all cases brought against an insurer, at the opening and closing of the trial, the court shall read instructions to the jury that there is insurance coverage for the damages claimed by the plaintiff.

RECOVERABLE PAST MEDICAL EXPENSES (COLLATERAL SOURCE)

Provides that in cases where a claimant’s medical expenses have been paid, in whole or in part, by a health insurance issuer or Medicare to a medical provider, the claimant’s recovery of medical expenses is limited to the amount actually paid to the medical provider by the health insurance issuer or Medicare, and any applicable cost sharing amounts paid or owed by the claimant, and not the amount billed. Provides that the court shall award 40% of the difference between the amount billed and the amount actually paid to the contracted medical provider by a health insurance issuer or Medicare in consideration of the plaintiff’s cost of procurement provided that this amount shall not make the award unreasonable. Provides that in cases where a claimant’s medical expenses have been paid, in whole or in part, by Medicaid to a medical provider, the claimant’s recovery of medical expenses paid by Medicaid is limited to the amount actually paid to the medical provider by Medicaid, and any applicable cost sharing amounts paid or owed by the claimant, and not the amount billed. Provides that the recovery of any other past medical expenses shall be limited to amounts paid to a medical provider by or on behalf of the claimant, and amounts remaining owed to a medical provider, including medical expenses secured by a contractual or statutory privilege, lien, or guarantee. Provides that in cases where a claimant’s medical expenses are paid pursuant to the La. Workers’ Compensation Law (LWC), a claimant’s recovery of medical expenses is limited to the amount paid under the medical payments fee schedule of the LWC. Provides that in a jury trial, only after a jury verdict is rendered may the court receive evidence related to the limitations of recoverable past medical expenses paid by a health insurance issuer or Medicare. The jury shall be informed only of the amount billed by a medical provider for medical treatment. Whether any person, health insurance issuer, or Medicare has paid or has agreed to pay, in whole or in part, any of a claimant’s medical expenses shall not be disclosed to the jury. In trial to the court alone, the court may consider such evidence. The bill does not apply in medical malpractice claims or in claims brought pursuant to the Governmental Claims Act.

EVIDENCE OF FAILURE TO WEAT A SEAT BELT

Repeals the law that provided that the failure to wear a seat belt was prohibited from being admitted into evidence for purposes of mitigation of damages and comparative fault.

Unchallenged

Seat Belt Evidence Admissibility: S.B. 30 (2019)

Missouri|2019

In actions arising out the design, construction, manufacture, distribution, or

In actions arising out the design, construction, manufacture, distribution, or sale of a motor vehicle factory equipped with a safety belt, failure to wear a safety belt by the plaintiff shall be admissible as evidence of comparative negligence or fault, causation, absence of a defect or hazard, and failure to mitigate damages.

Unchallenged

Discovery Reform: S.B. 224 (2019)

Missouri|2019

REQUIREMENT OF PROPORTIONALITY Requires that parties may discover any relevant

REQUIREMENT OF PROPORTIONALITY

Requires that parties may discover any relevant matter, not privileged, as described in the act, provided that the matter is proportional to the needs of the case considering several factors described within the act.

LIMITS ON FREQUENCY OR EXTENT OF DISCOVERY AND ELECTRONICALLY STORED INFORMATION

Requires that the court limit the frequency or extent of discovery if it determines that certain factors exist. Additionally, a party does not need to provide discovery of electronically stored information if the source of the information is not reasonably accessible because of an undue burden or cost. Even if a showing of undue burden or cost is made, the court may order and specify the conditions for the discovery if the requesting party shows good cause.

LIMITS ON PRIVILEGED INFORMATION AND TRIAL PREPARATION MATERIALS

If information produced is subject to a claim of privilege or protection as trial preparation material, the claiming party may notify any receiving party of the claim and the basis for it. A notified party is required to return, sequester, or destroy the specified information and may present it under seal to the court for claim determination. Additionally, the party shall take steps to retrieve any information disclosed prior to notification, shall preserve the information until the claim is resolved, and shall not use or disclose the information until the claim is resolved. An attorney who receives privileged information involving an adverse or third party and who has reasonable cause to believe that the information was wrongfully obtained shall not read the information, shall promptly notify the other attorney to return the information, and shall delete and take reasonable measures to assure that the information is inaccessible. An attorney notified has the obligation to preserve the information. The production of privileged or protected trial preparation materials is not a waiver of the privilege or protection from discovery in the proceeding.

LIMITS ON INTERROGATORIES AND DEPOSITIONS

Limits the number of written interrogatories that may be served upon a party to 25, including all discrete subparts. For oral or written depositions, leave of court is required if the deponent is confined in prison or the parties have not stipulated to a deposition and: the deposition would result in more than 10 depositions being taken by the plaintiffs, or by the defendants, or by the third-party defendants; the deponent has already been deposed in the case; or the plaintiff seeks a deposition prior to the expiration of 30 days after the service of the summons and petition upon any defendant, except leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery. Additionally, limits the length of any oral deposition to one day of seven hours, provided that the court may order additional time for any deposition under certain circumstances. The court is permitted to impose sanctions on persons who impede, delay, or otherwise frustrate the fair examination of a deponent.

LIMITS ON REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS

Provides that a party may serve a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample designated documents, electronically stored information, or any designated tangible things. Requests may specify that electronically stored information be produced in native format. Objections to part of a request shall specify the part and permit inspection of the rest.

LIMITS ON REQUESTS FOR ADMISSIONS

Limits the number of written requests for admission that may be served upon a party to 25 without leave of the court or stipulation of the parties. However, this limitation shall not apply to requests regarding the genuineness of documents.

Unchallenged

Asbestos Trust Transparency: S.B. 45 (2019)

Alabama|2019

Creates the Asbestos Exposure Transparency Act and requires a plaintiff

Creates the Asbestos Exposure Transparency Act and requires a plaintiff in an asbestos action to file a sworn statement disclosing information regarding the plaintiff’s exposure to asbestos or, alternatively, file available asbestos trust claims and produce all trust claims materials before trial.

Unchallenged

Deceptive Trade Practices Act Reform: S.B. 2140 (2019)

Texas|2019

Reduces the amount of civil penalties the attorney general may

Reduces the amount of civil penalties the attorney general may seek to recover under the Deceptive Trade Practices-Consumer Protection Act from $20,000 per violation to $10,000 per violation.

Unchallenged

American Law Institute: H.B. 2757 (2019)

Texas|2019

Provides that, in any action governed by the laws of

Provides that, in any action governed by the laws of Texas concerning rights and obligations under the law, the American Law Institute’s Restatements of the Law are not controlling.

Unchallenged

Premises Liability Reform: S.B. 2901 (2019)

Mississippi|2019

Creates the Landowners Protection Act to regulate the liability of

Creates the Landowners Protection Act to regulate the liability of landowners when an invitee is injured on the landowner’s property, and revises the definition of fault regarding joint and several liability.

Unchallenged

Dangerous Instrumentality Reform: S.B. 862 (2019)

Florida|2019

Provides that the lessor of special mobile equipment that causes

Provides that the lessor of special mobile equipment that causes injury, death, or damage while leased under a lease agreement is not liable for the acts of the lessee or lessee’s agent or employee if the lease agreement requires documented proof of insurance coverage with limits of at least $250,000/$500,000 for bodily injury liability and $100,000 for property damage liability, or at least $750,000 for combined property damage liability and bodily injury liability. Provides that the failure of the lessee to maintain insurance coverage required by the lease agreement does not impose liability on the lessor. Special mobile equipment are vehicles not designed or used primarily to transport persons or property and that are only incidentally operated or moved over a highway. Examples include ditch digging apparatus, well-boring apparatus, and road construction and maintenance machinery, draglines, self-propelled cranes and earthmoving equipment. The bill responds to the Florida Supreme Court’s decision in Newton v. Caterpillar Financial Services Corporation, which found that a loader is a dangerous instrumentality and thus subject to Florida’s dangerous instrumentality doctrine. The dangerous instrumentality doctrine imposes “strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another.”

Unchallenged

Civil Remedy Notice of Bad Faith: H.B. 301 (Lines 332-334) (2019)

Florida|2019

Addresses the Cammarata v. State Farm decision by saying a

Addresses the Cammarata v. State Farm decision by saying a civil remedy notice may not be filed within 60 days after appraisal is invoked by any party in a residential property insurance claim. The bill also includes a provision relating to the right of contribution among liability insurers for defense costs.

Unchallenged

Assignment of Benefits Reform: H.B. 7065 (2019)

Florida|2019

Provides for a prohibition on assignees accessing the one-way attorney

Provides for a prohibition on assignees accessing the one-way attorney fee statute, and replacing that with a defined prevailing party formula. Gives policyholders substantial new rights of disclosure and rescission, and requires both assignees and insurers to perform under new, strict timelines for the benefit of policyholders.

Unchallenged

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

North Carolina|2018

Requires a plaintiff to file a sworn statement within 30

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.

Unchallenged

Rules of Procedure: A.B. 773 (2018)

Wisconsin|2018

Provides that any party has a nondiscretionary right to interlocutory

Provides that any party has a nondiscretionary right to interlocutory appeal of class certification. Specifies that, absent a showing by the moving party of substantial need and good cause (subject to an assessment of whether the burden of the proposed discovery outweighs its likely benefit), a party is not required to provide discovery of four categories of electronically stored information (ESI) as outlined in the legislation. Provides that, upon a motion of a party, a court shall limit the frequency or extent of discovery if it determines that one of the following applies: the discovery sought is cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; the burden or expense of the proposed discovery outweighs its likely benefit or is not proportional to the claims or defenses at issue considering the needs of the case, the amount in controversy, the parties’ resources, the complexity and importance of the issues at stake in the action, and the importance of discovery in resolving the issues. Provides that a court, when ruling on a motion for a protective order, may order that discovery may be had only on specified terms and conditions, including the allocation of expenses. Adds new language to the general scope of discovery by specifically providing that parties may obtain discovery regarding any nonprivileged matter that is relevant to the party’s claim or defense and is proportional to the needs of the case, considering: importance of the issues at stake in the action; amount in controversy; parties’ relative access to relevant information; parties’ resources; importance of the discovery in resolving the issues; and whether the burden or expense of the proposed discovery outweighs its likely benefit. Provides for automatic stay of discovery upon the filing of a motion to dismiss. Provides for limitations on discovery methods unless otherwise stipulated by the court. Reduces the statute of limitations for a number of causes of action including fraud, action for injury to character or other rights, and limitation when no other limitation is provided. Changes the statute of repose for actions that result from deficiency or defect in an improvement to real property. Lowers the interest rate on untimely payment of insurance claims from 12 percent to 7 percent. Provides for mandatory disclosure of third party litigation financing. Makes certain changes as it relates to third party audits of unclaimed property.

Unchallenged

Asbestos Trust Transparency: H.B. 5456 (2018)

Michigan|2018

Enacts the “Asbestos Bankruptcy Trust Claims Transparency Act. Requires a

Enacts the “Asbestos Bankruptcy Trust Claims Transparency Act. Requires a plaintiff, at least 180 days before the initial date set for the trial in an asbestos action, to give the court and all parties a sworn statement that an investigation had been conducted and all asbestos trust claims that the plaintiff could make had been completed and filed. Requires the plaintiff to provide all parties with all trust claims materials (a final executed proof of claim and all other documents related to a claim against an asbestos trust). Provides that the plaintiff would have a continuing duty to supplement the information and materials. Requires the defendant, at least 60 days before trial, to confer with the plaintiff if the defendant believed that the plaintiff had not filed all asbestos trust claims. Permits the defendant, after conferring with the plaintiff, to seek a court order requiring the plaintiff to file additional trust claims. Requires the defendant’s motion to identify the asbestos trust claims that the defendant believed the plaintiff could file and require the defendant to produce information in support of the motion. Require the plaintiff, within 10 days of receiving the motion, to file: (1) an asbestos trust claim; (2) a response stating why there was insufficient evidence to file the claim; or (3) a response requesting a determination that the cost to file exceeded the reasonably anticipated recovery. Requires the court to stay the action until the plaintiff filed the trust claim if the court determined that there was sufficient basis for the plaintiff to do so. Requires the court to stay the action until the plaintiff filed a statement regarding exposure to and use of asbestos, if the court determined that the cost of submitting a trust claim exceeded the plaintiff’s reasonably anticipated recovery. Provides that the court could not schedule the action for trial sooner than 60 days after the plaintiff complied with these requirements. Permits a defendant to seek discovery from an asbestos trust, and provide that the plaintiff could not claim confidentiality or privilege to bar discovery. States that trust materials could be used to prove an alternative source for the cause of the plaintiff’s alleged harm and could serve as a basis to allocate responsibility for the harm. Provides that if a plaintiff filed an additional asbestos trust claim after obtaining a judgment in an asbestos action, and if the trust existed at the time of the judgment, the court could reopen and adjust the judgment by the amount of subsequent payments the plaintiff obtained and order other relief.

Unchallenged

Asbestos Trust Transparency: H.B. 2457 (2018)

Kansas|2018

Enacts the Asbestos Trust Claims Transparency Act (Act), which shall

Enacts the Asbestos Trust Claims Transparency Act (Act), which shall apply to all asbestos claims (as defined in the Silica and Asbestos Claims Act) filed on or after July 1, 2018. Requires the plaintiff to provide certain statements and materials no later than 30 days prior to the date the court establishes for the completion of all fact discovery. Specifically, the plaintiff is required to conduct an investigation, file all asbestos trust claims that can be made by the plaintiff, and provide a sworn statement indicating the investigation has been conducted and all possible claims filed. The plaintiff is required to provide all parties with all trust claim materials, accompanied by a custodial affidavit from the asbestos trust. If the plaintiff’s asbestos trust claim is based on exposure through another individual, the plaintiff is required to produce all trust claim documents submitted by or on behalf of the other individual to any asbestos trust to which the plaintiff has access. The bill also requires the plaintiff to supplement the information and materials within 30 days after the plaintiff, or a person on the plaintiff’s behalf, supplements an existing asbestos trust claim, receives additional information or materials related to such a claim, or files an additional asbestos trust claim. The bill outlines circumstances under and procedures by which a defendant may file and the court may grant a motion for the completion of all fact discovery regarding the plaintiff’s asbestos trust claims. Additionally, the bill establishes evidentiary standards for asbestos claims; provides a procedure to reopen and adjust judgment in an asbestos claim if the plaintiff subsequently files an asbestos trust claim with an asbestos trust in existence at the time of judgment; and requires defendants and judgment debtors to file any motion under the bill within a reasonable time and not more than one year after the judgment was entered.

Unchallenged

Trespasser Liability : H.B. 658 (2018)

Idaho|2018

Provides that a possessor of any interest in real property,

Provides that a possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser. Specifies that the legislation shall not affect the common law doctrine of attractive nuisance

Unchallenged

Premises Liability Reform: H.B. 427 (2017)

Montana|2017

Clarify property owner not liable for firefighter acts Bill

Clarify property owner not liable for firefighter acts

Unchallenged

Hail Storm Litigation Reform – H.B. 1774

Texas|2017

Reigns in the rampant mass-litigation model used by plaintiff attorneys

Reigns in the rampant mass-litigation model used by plaintiff attorneys against insurers after severe weather events occur in Texas.

Unchallenged

Asbestos Bankruptcy Trust Transparency Act – H.B. 1197

North Dakota|2017

Requires disclosures by the plaintiff within thirty days of filing,

Requires disclosures by the plaintiff within thirty days of filing, a defendant to file a motion requesting a stay of the proceedings, requires the plaintiff to file asbestos trust claims within ten days of receiving the defendant’s motion, allows a defendant to seek discovery from an asbestos trust, and allows a defendant to seek sanctions for any failure to comply with the requirements of the bill.

Unchallenged

Asbestos Bankruptcy Trust Transparency Act – H.B. 1426

Mississippi|2017

Creates a substantive right for defendants to obtain bankruptcy trust

Creates a substantive right for defendants to obtain bankruptcy trust discovery. The plaintiff must provide the court and parties with a sworn statement indicating that all asbestos trust claims that can be made by the plaintiff have been filed. A defendant may file a motion requesting a stay of the proceedings that identifies the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims. If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.

Unchallenged

Asbestos Bankruptcy Trust Claims: S.B. 138 (2017)

South Dakota|2017

Establishes guidelines for asbestos litigation. The plaintiff must provide the

Establishes guidelines for asbestos litigation. The plaintiff must provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel indicating that all asbestos trust claims that can be made have been filed, provide all parties with any trust claims material, and if the plaintiff’s claim is based on exposure to asbestos through any other person, the plaintiff must produce all trust claims materials submitted by the other person. A defendant may file for a stay of the proceedings if there is information that could support additional trust claims by the plaintiff. The motion must identify any asbestos trust claim the defendant believes the plaintiff can file and include any information supporting the asbestos trust claim. If the court determines there is sufficient basis for the plaintiff to file an asbestos trust claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces related trust claims material.

Unchallenged

Asbestos Bankruptcy Trust Transparency: S.F. 376 (2017)

Iowa|2017

Requires plaintiffs to file and disclose all asbestos trust claims

Requires plaintiffs to file and disclose all asbestos trust claims before proceeding to trial in any asbestos action, provide all parties with all trust claims materials connected to the plaintiff’s exposure to asbestos, and if the plaintiff’s claim is based on exposure to asbestos through another individual, plaintiff must produce all trust claims materials submitted by that individual to any asbestos trusts. The bill allows a defendant to file a motion requesting a stay of the proceedings if the defendant has information that could support the filing of additional trust claims by the plaintiff. If the court determines that there is sufficient basis, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials. The bill also has medical criteria to set aside the cases of the non-sick for both asbestos and silica actions, would abolish consolidation of dissimilar cases, and would abolish liability for component parts or replacement parts made by third-parties.

Unchallenged

Consumer Protection Act Reform: H.B. 1742 (2017)

Arkansas|2017

Amends the Arkansas Deceptive Trade Practices Act and provides that

Amends the Arkansas Deceptive Trade Practices Act and provides that a person must prove that a deceptive act or practice caused him to enter into a transaction that resulted in a loss in order be awarded damages. Further, the bill defines “actual financial loss” as an ascertainable amount of money that is equal to the difference between the amount paid by a person for goods or services and the actual market value of the good or services provided. Finally, the legislation prohibits class actions from being brought under the DTPA except for violations of the Amendment 89 to the Arkansas Constitution which pertains to the maximum interest rate lenders may charge.

Unchallenged

Settlements: H.F. 1827 (1990)

Minnesota|1990

Settlements of claims by defendants are not an admission of

Settlements of claims by defendants are not an admission of fault in economic loss claims.

Unchallenged

Comparative Fault: S.F. 1827 (1990)

Minnesota|1990

The scope of contributory fault was expanded to encompass “economic

The scope of contributory fault was expanded to encompass “economic loss” claims. Awards to plaintiffs
will be decreased in proportion to the plaintiff’s fault in these claims.

Unchallenged

Expert Witness: H.B. 1977 (1989)

Virginia|1989

Requires expert witnesses to have had a clinical practice in

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 malpractice.

Unchallenged

Frivolous Claims: A.B. 1366 (1988)

New Jersey|1988

A court may assess costs and attorney fees upon a

A court may assess costs and attorney fees upon a finding that a complaint, counterclaim, cross-claim or defense of a nonprevailing party was frivolous.

Unchallenged

Punitive Damages Reform: H.B. 1 (1987)

Georgia|1987

Limited the award of punitive damages to $250,000, except in

Limited the award of punitive damages to $250,000, except in product liability cases, where only one award of punitive damages can be assessed against any given defendant.

Challenged and Upheld

The Georgia Supreme Court upheld the constitutionality of the $250,000 limit on punitive damages in Bagley, et al. V. Shortt, et al. and vice versa, Nos. S91X0662, S91X0663, September 5, 1991.

Medical Liability Reform: H.B. 188 (1997)

Utah|1997

Establishes a 180 day time limit for prelitigation hearings and

Establishes a 180 day time limit for prelitigation hearings and permits parties to stipulate bypassing the prelitigation panel process.

Unchallenged

Employer Reference Liability: H.B. 593 (1996)

Idaho|1996

Exempts employers from civil liability for providing employee references by

Exempts employers from civil liability for providing employee references by creating a presumption of good faith. The good faith presumption can be rebutted only by clear and convincing evidence that there was actual malice or a deliberate intent to mislead.

Unchallenged

Strict Liability: H.B. 18 (1996)

Louisiana|1996

Repeals the judicially created strict liability doctrine exposing property owners

Repeals the judicially created strict liability doctrine exposing property owners to liability without proof of fault. Returns Louisiana to a negligence standard.

Unchallenged

Sports Liability Reform: A.B. 628 (1996)

Wisconsin|1996

Limits liability for individuals who participate in contact recreational sports

Limits liability for individuals who participate in contact recreational sports activities by changing the standard of care from ordinary negligence to recklessness in cases involving injury.

Unchallenged

Offers of Settlement: H.B. 1741 (1995)

Indiana|1995

Establishes incentives for early settlement of claims by “qualified settlement

Establishes incentives for early settlement of claims by “qualified settlement offers.” The court will award attorneys’ fees, costs, and expenses when a party refuses a reasonable offer as determined by the final judgment. Attorneys’ fees will be awarded at a rate of $100 per hour for expenses incurred after the date of the qualified offer, and may not total more than $1,000.

Unchallenged

Governmental Liability: H.B. 383 (1995)

Texas|1995

Provides a $100,000 limit for specified cases of governmental liability.

Provides a $100,000 limit for specified cases of governmental liability.

Unchallenged

Volunteer Liability: S.B. 263 (1995)

Oklahoma|1995

Relieves volunteers who provide services to nonprofit organizations of liability

Relieves volunteers who provide services to nonprofit organizations of liability for punitive damages unless those volunteers are currently offering the same service for profit.

Unchallenged

Offer of Settlement: S.B. 263 (1995)

Oklahoma|1995

Provides incentives for early settlement of a claim where the

Provides incentives for early settlement of a claim where the plaintiff demands or the defendant makes an offer of judgment in an amount over $100,000. The party refusing a reasonable offer as determined by the ultimate judgment, pays reasonable litigation costs and attorneys’ fees.

Unchallenged

Statute of Limitations: S.B. 358 (1994)

Wisconsin|1994

Establishes a 6 year statute of repose for actions against

Establishes a 6 year statute of repose for actions against accountants, with a one year statute of limitations for causes of action which arise the last year the statute of repose runs.

Unchallenged

Statute of Limitations: S.B. 314 (1994)

Wisconsin|1994

Establishes a 10 year statute of repose for real property

Establishes a 10 year statute of repose for real property design cases, with a three year statute of limitations for causes of action which arise between the eighth and tenth years that the statute of repose runs.

Challenged and Upheld

Kohn v. Darlington Cnty. Sch., EMC, 698 N.W.2d 794 (Wis. 2005).

Offer of Judgment: H.B. 1215 (1997)

Louisiana|1997

Provides that if final judgment is 25% less than defendant’s

Provides that if final judgment is 25% less than defendant’s offer or 25% greater than claimant’s offer, the offeree must pay offeror’s court costs, exclusive of attorneys’ fees, after offer is made.

Unchallenged

Calculation of Damages: H.F. 693 (1997)

Iowa|1997

Provides that future damage awards must reflect present value.

Provides that future damage awards must reflect present value.

Unchallenged

Offers of Judgment: H.B. 58 (1997)

Alaska|1997

Establishes that either party rejecting an offer of judgment who

Establishes that either party rejecting an offer of judgment who then receives a final judgment that is at least five percent less favorable than the actual off must pay a percentage of the other party’s reasonable attorney’s fees and court costs based on how long before the trial the offer was made.

Unchallenged

Comparative Negligence: H.B. 58 (1997)

Alaska|1997

Provides that the court shall determine and state each party’s

Provides that the court shall determine and state each party’s share of the judgment in accordance with their respective fault, whether the parties are named in the suit or not.

Unchallenged

Expert Witness Reform: H.B. 58 (1997)

Alaska|1997

Establishes qualifications for expert witnesses to be licensed and trained

Establishes qualifications for expert witnesses to be licensed and trained in the defendant’s discipline, and certified by a board recognized by the state.

Unchallenged

Y2K Liability: H. 3759 (1999)

South Carolina|1999

Provides that a person who has suffered a Y2K related

Provides that a person who has suffered a Y2K related problem must be in privity of contract in order to recover only economic loss and reasonable attorney’s fees; any person who successfully defends a claim is entitled to recover reasonable costs and attorney’s fees if the court determines that the claim was frivolous.

Unchallenged

Y2K Liability: H. 3759 (1999)

Oklahoma|1999

Provides that a person who has suffered a Y2K related

Provides that a person who has suffered a Y2K related problem must be in privity of contract in order to recover only economic loss and reasonable attorney’s fees; any person who successfully defends a claim is entitled to recover reasonable costs and attorney’s fees if the court determines that the claim was frivolous.

Unchallenged

Medical Monitoring

Louisiana|1999

Overturns the Supreme Court’s decision in Bourgeois v. Green which

Overturns the Supreme Court’s decision in Bourgeois v. Green which allowed someone exposed to a “hazardous” substance to recover expenses for medical monitoring even if there is no evidence of any injury.

Unchallenged

Y2K Liability: S.B. 80 (1999)

Florida|1999

Provides immunity for businesses and government agencies who follow specified

Provides immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic damages; bars recovery for damages which plaintiff could have avoided or mitigated; requires mediation; prohibits class actions against government agencies; requires each class member has a loss of $50,000 to bring a class action; provides liability protection for directors and officers; and requires filing of suit by March 1, 2002.

Unchallenged

Trespasser Liability: H.B. 775 (1999)

Florida|1999

Limits landowner’s liability to injured trespassers.

Limits landowner’s liability to injured trespassers.

Unchallenged

Employer Reference Liability: H.B. 775 (1999)

Florida|1999

Provides immunity for employers who disclose information concerning job performance

Provides immunity for employers who disclose information concerning job performance of a former employee to a prospective employer.

Unchallenged

Vicarious Liability: H.B. 775 (1999)

Florida|1999

Limits liability of an owner or lessor of an automobile

Limits liability of an owner or lessor of an automobile to $100,000/person or $300,000/incident for bodily injury, and to $50,000 for property damage. Uninsured or under insured are liable up to $500,000 for economic damages only.

Exceptions: commercial vehicles used in ordinary course of business, and for transportation of hazardous materials.

Unchallenged

Employer Liability: H.B. 543 (2000)

Idaho|2000

Provides protection from liability to employers for acts committed by

Provides protection from liability to employers for acts committed by former employees after the termination of employment. Also protects employers for acts committed by current employees who are off the job.

Unchallenged

Judicial Nominating Commission Reform: H.B. 367 (2001)

Florida|2001

Allows only the governor to appoint members to the state’s

Allows only the governor to appoint members to the state’s Judicial Nominating Commission (JNC). The JNC submits judicial nominees to the governor for appointment to the Florida courts. Prior to this enactment, both the Florida Bar Association and the governor appointed members to the JNC.

Unchallenged

Nursing Home Liability Reform: H.B. 412 (2002)

Ohio|2002

Reformed the state’s civil liability laws governing lawsuits against nursing

Reformed the state’s civil liability laws governing lawsuits against nursing home or other residential facility caretakers.

Unchallenged

Seat Belt Admissibility: H.B. 4 (2003)

Texas|2003

Repealed statute forbidding any evidence of lack of seat belt

Repealed statute forbidding any evidence of lack of seat belt use in auto accident cases.

Unchallenged

School Employee Immunity: H.B. 4 (2003)

Texas|2003

Broadened definition of school employees entitled to immunity for actions

Broadened definition of school employees entitled to immunity for actions involving the exercise of discretion in the course and scope of employment. Required the exhaustion of school district administrative remedies prior to suit. Mandated payment of attorney fees and costs by plaintiff suing person subject to immunity. Provided that immunity does not extend to use of excessive force in discipline or negligence that results in personal injury to a student.

Unchallenged

Multi-District Litigation Reform: H.B. 4 (2003)

Texas|2003

Provided for the creation of a multi-district panel which can

Provided for the creation of a multi-district panel which can consolidate any cases with common issues of fact in a single district court for pre-trial proceedings, including disposition short of trial.

Unchallenged

Government Employee Immunity: H.B. 4 (2003)

Texas|2003

Provided that government employees acting in course of employment cannot

Provided that government employees acting in course of employment cannot be subject to more than $100,000 in damages if they are indemnified or insured by the governmental entity for the first $100,000.

Unchallenged

Good Samaritan Protection: H.B. 4 (2003)

Texas|2003

Provided that volunteer workers for charitable organizations are immune from

Provided that volunteer workers for charitable organizations are immune from suit except for intentional torts and gross negligence.

Unchallenged

Firefighters Liability Reform: H.B. 4 (2003)

Texas|2003

Provided that volunteer fire and EMT personnel are liable only

Provided that volunteer fire and EMT personnel are liable only to the extent county employees are liable.

Unchallenged

Early Offer of Settlement: H.B. 4 (2003)

Texas|2003

Provided that provisions may only be initiated by defendant, but

Provided that provisions may only be initiated by defendant, but once initiated, plaintiff may invoke them as well. Provided that if a defendant makes an offer that is rejected, and the plaintiff does not obtain a judgment for at least 80% of the amount, the plaintiff must pay attorney fees and costs incurred after rejection. Provided that if a plaintiff makes an offer that is rejected, and the judgment exceeds 120% of the amount, the defendant must pay attorney fees and costs incurred after rejection. Provided that the amount of fees and costs shifted cannot exceed the sum of noneconomic damages, punitive damages, and 50% of economic damages.

Unchallenged

Asbestos Liability Reform- Successor Liability: H.B. 4 (2003)

Texas|2003

Provided that if a company with liability for mining or

Provided that if a company with liability for mining or sale of asbestos-containing products was merged or acquired by a successor prior to May 13, 1968, the limit of the successor company’s liability for asbestos claims as a result ofthe acquisition is limited to the FMV of the acquired company at the time of acquisition. The limitation applies to “successors of successors,” based on the FMV of the initially acquired company at the time of the initial acquisition.

Unchallenged

Arbitration: H.B. 792 (2003)

Georgia|2003

Provided criteria to determine when an award in arbitration can

Provided criteria to determine when an award in arbitration can be vacated.

Unchallenged

Early Offer of Settlement: H.B. 1121 (2003)

Colorado|2003

Provided that attorneys’ fees and costs would be assessed against

Provided that attorneys’ fees and costs would be assessed against plaintiffs who decline an offer of settlement proceed to litigation, and receive a smaller judgment than would have been received if a settlement offer had been accepted.

Unchallenged

Comparative Fault Reform: H.B. 1038 (2003)

Arkansas|2003

Modified the rule of comparative fault to include non-parties.

Modified the rule of comparative fault to include non-parties.

Unchallenged

Seat Belt Evidence Reform: S.B. 80 (2004)

Ohio|2004

Permitted evidence to be introduced of plaintiffs non-seat belt use

Permitted evidence to be introduced of plaintiffs non-seat belt use for purposes of reducing noneconomic damages.

Unchallenged

Improvements to Real Property- Statute of Repose: S.B. 80 (2004)

Ohio|2004

Provided that tort actions, based on construction or improvement of

Provided that tort actions, based on construction or improvement of real property, for injury or wrongful death, cannot be brought ten years after the substantial completion of the construction or improvement.

Challenged and Upheld

McClure v. Alexander, 2008 WL 754800 (Ohio App. 2008).

Obesity Litigation Reform: S.B. 80 (2004)

Ohio|2004

Exempted from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers

Exempted from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers of a qualified product (defined as articles used for food or drink for a human being or other animal; chewing gum; articles used for components of the previously listed products) or a trade association when the claims is based on cumulative consumption, weight gain, obesity, or a health condition related to cumulative consumption, weight gain, or obesity. Provided that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs associated with the motion to dismiss. The liability exemption does not apply for any material violation of federal or state law applicable to the manufacturing, marketing, supplying, distribution, advertising, labeling, or sale of a qualified product and the violation was committed knowingly and willfully. The provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of a qualified food product. H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss and that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs.

Unchallenged

Asbestos Litigation Reform: S.B. 80 (2004)

Ohio|2004

In tort actions, limited the liability for certain successors in

In tort actions, limited the liability for certain successors in tort actions to the value of the acquired company on the effective date of the acquisition.

Unchallenged

Premises Liability: H.B. 13 (2004)

Mississippi|2004

Abolished civil liability for premises owners for death or injury

Abolished civil liability for premises owners for death or injury to an independent contractor or their employees if the contractor knew or should have known the danger that caused the harm.

Unchallenged

Civil Liability Reform: S.F. 837 (2004)

Minnesota|2004

Provided civil liability protections for employers who provide job references

Provided civil liability protections for employers who provide job references about current and former employees.

Unchallenged

Asbestos/Silica Litigation Reform: S.B. 15 (2005)

Texas|2005

Established medical criteria for all pending and future asbestos claims,

Established medical criteria for all pending and future asbestos claims, including a requirement that all claimants submit a qualifying medical report with a pulmonary function test that demonstrates physical impairment. Provided that all pending asbestos claims that have not been scheduled for trial within 90 days afterthe effective date, except for cases involving cancer, are subject to the multi- district litigation court process. Assured that the most seriously ill—those suffering from mesothelioma or other malignancy caused exposure to asbestos or silica—will receive expedited trials and adequate compensation for their injuries. Required that each asbestos case be tried on its own merits, not as a “bundle” of claims that may include a few truly sick claimants and dozens of unimpaired claimants. Shut down the “mass screening” of potential asbestos and silica claimants that has resulted in tens of thousands of unimpaired asbestos claims in the courts.

Unchallenged

Statute of Repose- Construction Defect Cases

South Carolina|2005

Reduced the time within which an action arising from defective

Reduced the time within which an action arising from defective or unsafe construction may be brought from 13 years to eight years after the date of substantial completion of the improvement.

Unchallenged

Frivolous Lawsuits: H. 3008 (2005)

South Carolina|2005

Provided for sanctions against lawyers and parties who bring frivolous

Provided for sanctions against lawyers and parties who bring frivolous claims, including reporting lawyers to the Commission on Lawyers Conduct and required the Supreme Court to keep a public record of frivolous sanctions.

Unchallenged

Advertising Restrictions: H. 3008

South Carolina|2005

Made using a nickname in attorney advertising a violation of

Made using a nickname in attorney advertising a violation of the Unfair Trade Practices Act.

Unchallenged

Offer of Judgment: S.B. 3 (2005)

Georgia|2005

Provided for offer of judgment for all cases. An offering

Provided for offer of judgment for all cases. An offering party may obtain litigation costs, including attorney’s fees, if the final judgment is not at least 25 percent more favorable than the offer.

Unchallenged

Expert Witness Standards: S.B. 3 (2005)

Georgia|2005

Strengthened expert witness rules and adopted the Daubert standard in

Strengthened expert witness rules and adopted the Daubert standard in civil cases.

Unchallenged

Comparative Negligence: S.B. 3 (2005)

Georgia|2005

Provided for comparative negligence amongst all parties for all cases.

Provided for comparative negligence amongst all parties for all cases.

Unchallenged

Asbestos/Silica Litigation Reform: S.B. 512 (2006)

Kansas|2006

Established minimum medical criteria for the filing of asbestos and

Established minimum medical criteria for the filing of asbestos and silica claims.

Unchallenged

Early Offer of Settlement: S.B. 239 (2006)

Georgia|2006

Provided that a party declining a settlement offer is potentially

Provided that a party declining a settlement offer is potentially liable for attorneys’ fees and court costs. S.B. 239 established that a plaintiff who rejects an offer of settlement would be liable for attorneys’ fess and litigation costs if the defendant is found not liable or the final judgment in favor of the plaintiff is 75 percent of the settlement offer. A defendant who rejects a plaintiff’s offer of settlement would be liable for attorneys’ fees and litigation costs if the plaintiff recovers a final judgment which is 125 percent greater than the offer of settlement.

Unchallenged

Workers’ Compensation Reform: H.B. 903 (2009)

Florida|2009

Restored some of the critical reforms passed in 2003 that

Restored some of the critical reforms passed in 2003 that were undone by the Florida Supreme Court ruling in Murray vs. Mariners Health.

Unchallenged

Non-Health Care Provider Defibrillator Users: S.B. 422 (2010)

West Virginia|2010

Limited civil liability for nonhealth care provider defibrillator users in

Limited civil liability for nonhealth care provider defibrillator users in good faith who are not health care providers.

Unchallenged

Business Court Divisions: H.B. 4352 (2010)

West Virginia|2010

Authorized the West Virginia Supreme Court to create a business

Authorized the West Virginia Supreme Court to create a business court division within certain circuit court districts.

Unchallenged

Civil Actions: H.B. 2709 (2010)

Minnesota|2010

Specified immunity for certain volunteer entities, including a firm, corporation,

Specified immunity for certain volunteer entities, including a firm, corporation, association, limited liability company, partnership, limited liability partnership, nonprofit organization, or other business, religious, or charitable organizations which provide assistance in the event of an emergency or disaster.

Unchallenged

Implied Causes of Action: S.B. 138

Georgia|2010

Created the Transparency in Lawsuits Protection Act. Provided that legislative

Created the Transparency in Lawsuits Protection Act. Provided that legislative enactments do not create a private right of action unless expressly stated therein.

Unchallenged

Recreational Liability Releases: S.B. 2440 (2010)

Florida|2010

Provided that a business will not be held harmless when

Provided that a business will not be held harmless when there is gross negligence and required the businesses to show they acted with “due care” to avoid an accident. However, the legislation also took into account the rights of children to have access to these activities and the ability of a parent to make decisions in the best interest of their child and understood that there is some inherent risk when children participate in activities like riding ATVs, scuba diving and even playing sports. Provided that should a lawsuit be filed against an activity provider, the plaintiff will have a higher burden of proof and they will be prohibited from bringing a failure to warn claim.

Unchallenged

International Commercial Arbitration: H.B. 821 (2010)

Florida|2010

Defined the scope and intent of the “Florida International Commercial

Defined the scope and intent of the “Florida International Commercial Arbitration Act,” and limited the ability of the court to intervene in an arbitral proceeding. Designated the circuit court in which arbitration is or will be held as the court that may take certain actions.

Unchallenged

Slip and Fall Reform: H.B. 689 (2010)

Florida|2010

Provided that if a person slipped and fell on a

Provided that if a person slipped and fell on a transitory foreign substance in a business establishment, the injured person must prove that the establishment had actual or constructive knowledge of the condition and should have taken action to remedy it. Also provided that constructive knowledge may be proven by circumstantial evidence.

Unchallenged

Admissibility of Expert Opinion Testimony: S.B. 1189 (2010)

Arizona|2010

Adopted the Daubert standard for admitting expert witness testimony and

Adopted the Daubert standard for admitting expert witness testimony and expert evidence; Arizona Courts currently embrace the less stringent Frye standard. The Daubert standard requires the courts to consider four factors when examining the merits of expert testimony: (1) whether the expert’s technique or theory can be tested; (2) whether the theory has been subject to peer review and publication; (3) the known or potential rate of error of the technique or theory; and (4) whether the theory or technique has been generally accepted in the relevant field. This standard substantially decreases the probability of “junk science” being presented to juries, thus, affecting the outcome of a trial. It also serves as a filter that screens out ungrounded lawsuits from even reaching trial, which is especially important for manufacturers facing questionable product liability claims and health care providers facing questionable medical malpractice claims.

Challenged and Struck Down

Lear v. Fields, 245 P.3d 911 (Ariz. App. 2011).

Attorneys’ Fees: Special Session S.B. 12 (2011)

Wisconsin|2011

Sets forth a number of criteria courts are to consider

Sets forth a number of criteria courts are to consider when awarding attorneys’ fees in fee-shifting cases. The bill also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages.

Unchallenged

Trespass Liability Reform: Special Session S.B. 22 (2011)

Wisconsin|2011

Codifies current law as it relates to the duty of

Codifies current law as it relates to the duty of care owed to a trespasser by a possessor of land. The purpose of the bill is to prevent the courts from adopting the new Restatement (Third) of Torts, which expands the duty of care owed to trespassers and exposing possessors of land to greater liability.

Unchallenged

Risk Contribution: S.B. 1 (2011)

Wisconsin|2011

Overturns the Wisconsin Supreme Court’s 2005 decision, Thomas v. Mallet,

Overturns the Wisconsin Supreme Court’s 2005 decision, Thomas v. Mallet, where the court adopted the deeply flawed “risk contribution” theory in cases involving lead-based paint. Wisconsin is the only state in the country to have adopted this theory.

Unchallenged

Expert Opinion Reform: S.B. 1 (2011)

Wisconsin|2011

Adopts the Daubert standards for cases tried in Wisconsin courts.

Adopts the Daubert standards for cases tried in Wisconsin courts. This common sense provision affects both parties in litigation by limiting testimony of experts and evidence to that which is based on sufficient facts or data and is the product of reliable principles and methods.

Unchallenged

Tortious Act Arbitration: S.B. 52 (2011)

Utah|2011

Promotes arbitration in tort cases and prohibits claims for punitive

Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions. Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators. Decisions by arbitrators are final, but either party can request for trial de novo. If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs. If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.

Unchallenged

Negligent Credentialing: S.B. 150 (2011)

Utah|2011

Overturns a court ruling that determined that negligent credentialing would

Overturns a court ruling that determined that negligent credentialing would be a new cause of action in Utah. Provides that negligent credentialing is not a cause of action in Utah.

Unchallenged

Barratry: S.B. 1716 (2011)

Texas|2011

Provides that a client may bring an action to void

Provides that a client may bring an action to void any contract for legal services that was procured as a result of barratry by attorneys or other persons. The client is entitled to receive all fees and damages paid to that person under any voided contract, actual damages caused by the prohibited conduct and reasonable attorney’s fees and the attorney at fault shall pay a civil penalty of $5,000.

Unchallenged

Trespasser Liability Reform: S.B. 1160 (2011)

Texas|2011

Codifies traditional common law rules with respect to the duty

Codifies traditional common law rules with respect to the duty a landowner owes to a trespasser and prevent courts from adopting the new radical standard recommended in the Restatement of Torts (third). In Texas, landowners currently do not owe a duty of care to trespassers and are not liable for their injuries. There are certain exceptions, but these are narrow in scope and well defined. Specifically, S.B. 1160: (1) defines a trespasser; (2) codifies the existing rule that land possessors owe no duty of care to trespassers; (3) provides well-recognized exceptions to the general rule; (4) provides that a child who is at least 14 years of age appreciates the risk of a highly dangerous artificial condition on land; (5) makes clear that the use of justifiable force to repel an intruder, as permitted under the Penal Code, will not result in civil liability for injury to a trespasser; (6) clarifies that this new code does not affect other statutory provisions regarding the duty owed by land possessors, or otherwise create or increase the liability of any person or entity; and (7) provides that the legislation is prospective only.

Unchallenged

Early Offer of Settlement: H.B. 274 (2011)

Texas|2011

The main elements of the legislation are as follows: (1)

The main elements of the legislation are as follows: (1) an early dismissal of actions provision in which the Texas Supreme Court is directed to promulgate a new rule of civil procedure providing for the dismissal of cases that have no basis in law or fact; (2) a section that requires the Texas Supreme Court to promulgate rules of civil procedure to “promote the prompt, efficient, and cost-effective resolution of civil actions” in which the amount in dispute is less than $100,000; (3) removal of a requirement that a trial judge obtain permission from all parties before he or she can certify a question for appellate review, and clarification of the procedure for taking the appeal; (4) changes and modifications to the early offer of settlement statute which are intended to make the statute more balanced and, therefore, more useful; and (5) provisions pertaining to the designation of responsible third parties.

Unchallenged

Consumer Protection Act Reform: H.B. 2008/S.B. 1522 (2011)

Tennessee|2011

Amends the Tennessee Consumer Protection Act (“TCPA”) as follows: eliminates

Amends the Tennessee Consumer Protection Act (“TCPA”) as follows: eliminates a private right of action for actions based on the sale or marketing of securities, since those claims are governed by state and federal securities laws; provides that only the Attorney General may pursue actions under the “catchall provision” of the TCPA on behalf of Tennessee consumers; prohibits the award of punitive damages for an unfair or deceptive act or practice if the judge awards treble damages and attorney fees; and prohibits class actions from being brought under the consumer fraud statute and makes other changes to the consumer fraud statute.

Unchallenged

Landowners and Trespassing Liability: H.B. 1087 (2011)

South Dakota|2011

Codifies existing South Dakota law with respect to trespassers by

Codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Provides that a landowner does not owe a duty of care to a trespasser and is immune from liability for any injury to a trespasser, unless the physical injury or death was intentionally caused. Provides an exception for physical injury or death caused to a child thirteen years of age or younger resulting from an artificial condition on the land, if the landowner knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition or if the person knew or should have known that the condition involved an unreasonable risk to such children. The landowner also is liable for a child’s injury if the child did not realize the risk involved in the artificial condition, the utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child, and the person failed to exercise reasonable care to eliminate the danger.

Unchallenged

Charitable Immunity: S.B. 1131 (2011)

Oregon|2011

Eliminates the liability of charitable corporations for damages arising out

Eliminates the liability of charitable corporations for damages arising out of providing eyeglasses, hearing aids or other medical devices without charge.

Unchallenged

Liability Against Professional Counselors and Marriage Therapists: H.B. 2217 (2011)

Oregon|2011

Provides that punitive damages may not be awarded against professional

Provides that punitive damages may not be awarded against professional counselors or licensed marriage and family therapists if they were acting in the scope of their practice.

Unchallenged

Trespass Reform: S.B. 494 (2011)

Oklahoma|2011

Codifies Oklahoma common law which provides that land possessors do

Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances.

Unchallenged

Lawsuit Reform Act: H.B. 2024 (2011)

Oklahoma|2011

Provides that upon request of a party, the court shall

Provides that upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment. Also, upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump-sum payment. This section only applies when the present value of the award of future damages, as determined by the court, equals or exceeds $100,000. Payment must be made within seven years and interest shall be paid at the rate of a post-judgment award.

Unchallenged

Jury Instructions: S.B. 865 (2011)

Oklahoma|2011

Provides that jury instructions applicable in a civil case shall

Provides that jury instructions applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income taxes. Any amount that the jury determines to be proper compensation for personal injury or wrongful death should not be increase or decreased by any consideration for income taxes.

Unchallenged

Landowner Immunity for Injuries to Trespassers: H.B. 1452 (2011)

North Dakota|2011

Codifies existing law with respect to trespassers by providing landowners

Codifies existing law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence on the premise or in certain instances involving child trespassers.

Unchallenged

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

North Carolina|2011

Bifurcation of Trials – Upon motion of any party in

Bifurcation of Trials – Upon 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.

Unchallenged

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

North Carolina|2011

Requires that juries be given accurate information about the medical

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.

Unchallenged

Consumer Protection in Motor Vehicle Accidents: H.B. 382 (2011)

Kentucky|2011

Provides that during the first 30 days after a motor

Provides that during the first 30 days after a motor vehicle accident, a person may not directly solicit or knowingly permit another person to directly solicit an individual, or relative of an individual, involved in the motor vehicle accident for the provision of any service related to the accident.

Unchallenged

Sink Hole Litigation: S.B. 408 (2011)

Florida|2011

Limits lawsuits and losses for property insurers stemming from sinkhole

Limits lawsuits and losses for property insurers stemming from sinkhole claims, while allowing policyholders with legitimate claims to be compensated.

Unchallenged

Crash Worthiness Doctrine: H.B. 1153 (2011)

Florida|2011

Repeals the state’s antiquated crashworthiness doctrines in cases brought against

Repeals the state’s antiquated crashworthiness doctrines in cases brought against automobile manufacturers for vehicle malfunctions when there is an accident. Under the new law, juries will have all the facts and can apportion responsibility, upon a finding of liability.

Unchallenged

Expert Evidence Reform: S.B. 187 (2011)

Alabama|2011

Adopts the Daubert standard and a later US Supreme Court

Adopts the Daubert standard and a later US Supreme Court decision, Joiner. Together these cases established a framework for admitting scientific expert testimony in order to preclude introduction of “junk science” into courtrooms. The federal three-part test for courts to use in determining whether to admit scientific expert testimony has been adopted in full and allows the courts to exclude unreliable testimony or even testimony that may draw from reliable procedures and principles, but whose conclusions are unsupportable. This permits the full breadth of Daubert and Joiner to now be applied in Alabama courtrooms as it is in all federal courtrooms and a majority of other states. The compromise that was reached in S.B. 187 does not adopt the Daubert progeny called Kumho, which extends these rules to non-scientific expert testimony. Also exempted were certain criminal and domestic relations cases. However, nothing precludes the courts in Alabama from later extending these rules to such testimony.

Unchallenged

Trespass Liability Reform: S.B. 2719 (2012)

Tennessee|2012

Codifies the common law regarding liability of a possessor of

Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act.

Unchallenged

Asbestos Bankruptcy Trust Transparency: H.B. 380 (2012)

Ohio|2012

Mandates that within thirty days after filing an asbestos complaint,

Mandates that within thirty days after filing an asbestos complaint, a claimant shall provide to all of the parties in the action a sworn statement identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified trust claim.

Unchallenged

Legacy Law Suit Reform: H.B. 618/S.B. 555 (2012)

Louisiana|2012

Provides oil producers with the ability to admit to responsibility

Provides oil producers with the ability to admit to responsibility for cleaning up pollution from past oil drilling activities without admitting to larger damages. The admission would not waive the admitting party’s right to use any of the available defenses in court. The bills also create a system where the Department of Natural Resources would develop a cleanup plan for polluted lands that would be open to public scrutiny via a public hearing. The cleanup plan also has to pass analysis by the Department of Environmental Quality and the Department of Agriculture.

Unchallenged

Open Records Act Clarification: H.B. 1036 (2012)

Colorado|2012

Amends the Colorado Open Records Act to clarify that civil

Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC v. Waters, which held that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request. Does allow for a public interest exemption.

Unchallenged

Trespasser Liability Reform: S.B. 1410 (2012)

Arizona|2012

Codifies the common law regarding liability of a possessor of

Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that except in a few specific instances, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by a willful or wanton act.

Unchallenged

Lemon Law

Wisconsin|2013

Makes a number of changes to Wisconsin’s lemon law. Specifically,

Makes a number of changes to Wisconsin’s lemon law. Specifically, eliminates automatic double damages, which included the cost of the vehicle; adds more time for the manufacturer and dealer to provide a comparable vehicle; reduces the statute of limitations from six years to three years; allows a court to extend deadlines, reduce, damages, attorneys’ fees and costs if a party fails to reasonably cooperate with another party; and clarifies what constitutes “out of service.”

Unchallenged

Dismissal of Nonsuits: H.B. 1709 (2013)

Virginia|2013

Clarifies that if notice to take a nonsuit is given

Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. Provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court’s discretion, satisfy the reasonableness requirement, without the need for further testimony.

Unchallenged

Summary Judgment: H.B. 1708 (2013)

Virginia|2013

Allows requests for admission for which the responses are submitted

Allows requests for admission for which the responses are submitted in support of a motion for summary judgment may be based, in whole or in part, upon discovery depositions and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony. Also allows that a motion for summary judgment seeking dismissal of any claim or demand for punitive damages, except in cases involving driving under the influence, may be sustained when based, in whole or in part, upon discovery depositions.

Unchallenged

Asbestos Inactive Docket: H.B. 1325 (2013)

Texas|2013

Provides a mechanism for Texas asbestos and silica MDL courts

Provides a mechanism for Texas asbestos and silica MDL courts to dismiss long dormant claims on the inactive docket enacted in 2005, while preserving a claimant’s ability to re-file a dismissed case should the claimant develop an impairing condition.

Unchallenged

Future Damages: S.B. 1053 (2013)

Tennessee|2013

Deletes the requirement that the trier of fact must specify,

Deletes the requirement that the trier of fact must specify, on an annual basis, the amount of future damages and the periods over which such future damages will accrue.

Unchallenged

Seat Belt Admissibility: H.B. 1015 (2013)

Oklahoma|2013

Sets out that the use or nonuse of seat belts

Sets out that the use or nonuse of seat belts shall be submitted into evidence in any civil suit in Oklahoma unless the plaintiff in such suit is a child under sixteen years old.

Unchallenged

Pleading Requirements: H.B. 1011 (2013)

Oklahoma|2013

Clarifies that “every pleading demanding relief for damages in money

Clarifies that “every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction shall, without demined any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction, except in actions sounding in contract. Every pleading demanding relief for damages in an amount of that required for diversity jurisdiction or less shall specify the amount of such damages sought to be recovered. Further clarifies that “if the amount of damages sought to be recovered is less than the amount required for diversity jurisdiction, the defendant may file, for purposes of establishing diversity jurisdiction only, a Motion to Clarify Damages prior to the pretrial order to require the plaintiff to show by a preponderance of evidence that the amount of damages, if awarded, will not exceed the amount required for diversity. If the court finds that any damages awarded are more likely than not to exceed the amount of damages required for diversity jurisdiction, the plaintiff shall amend his or her pleadings in conformance with the law.

Unchallenged

Definition of “Frivolous”: H.B. 1006 (2013)

Oklahoma|2013

Sets forth guidelines for signing of pleadings and sets forth

Sets forth guidelines for signing of pleadings and sets forth guidelines for “frivolous” suits brought in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. Upon finding, the court shall enter an order requiring such non-prevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense.

Unchallenged

Emergency Volunteer Health Practitioners Act

Oklahoma|2013

Clarifies who is and who is not an “emergency management

Clarifies who is and who is not an “emergency management worker;” creates the “Uniform Emergency Volunteer Health Practitioners Act; and repealed old language dealing with the licensing and appointment of health personnel.

Unchallenged

Firearms Manufacturer Liability: H.B. 1004 (2013)

Oklahoma|2013

Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute

Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute or sell firearms from liability for “any injury suffered.” Does not exempt such firearms from product liability actions if appropriate.

Unchallenged

Lawsuit Lending Reform: S.B. 1016 (2013)

Oklahoma|2013

Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.

Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.

Unchallenged

Prevailing Party in Vacated Judgments

Oklahoma|2013

States that the party that prevails in an action to

States that the party that prevails in an action to vacate a judgment shall only be considered the prevailing party for the purpose of the award of costs, including reasonable attorney fees, if such party prevails on the merits in the underlying action.

Unchallenged

The Personal Injury Trust Fund Transparency Act

Oklahoma|2013

Requires that within 90 days after filing an action for

Requires that within 90 days after filing an action for personal injury, the plaintiff must provide to the court and to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust. The defendant may then seek discovery against a personal injury trust identified by the plaintiff, and the plaintiff may not claim privilege or confidentiality to bar discovery.

Unchallenged

Asbestos/Silica Claims: S.B. 14 (2013)

Oklahoma|2013

Enacts the asbestos & silica exposure liability protection sought for

Enacts the asbestos & silica exposure liability protection sought for many years; and, also enacts reforms needed to protect successor companies who have purchased companies with an earlier asbestos exposure.

Unchallenged

Common Sense Consumption Act: S.B. 12 (2013)

Oklahoma|2013

Applies to all covered claims pending on November 1, 2009,

Applies to all covered claims pending on November 1, 2009, and all claims filed thereafter, regardless of when the claim arose. The bill sets forth that the intent of the Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. It sets for the definition of a claim and a “knowing and willful violation,” as well as setting forth guidelines that an entity shall not be subject to civil liability for a claim arising out of weight gain, obesity, or a health condition associated with weight gain or obesity. Additionally, the bill outlines that the pleading requirements and deems them part of the substantive law of the state and not merely in the nature of procedural provisions.

Unchallenged

Volunteer Liability: S.B. 11 (2013)

Oklahoma|2013

Deletes old definition language dealing with the term “volunteer” that

Deletes old definition language dealing with the term “volunteer” that restricted a volunteer and replaces it with new language: “provided, being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer;” and, further grants immunity “… where such actions are agreed upon in advance by al involved persons to be provided on a volunteer basis…”

Unchallenged

Governor’s Emergency Powers

Oklahoma|2013

Sets out the powers of the Governor in the case

Sets out the powers of the Governor in the case of emergency. Clarifies that she has certain powers during an emergency which includes certain “resources” not to include “health manpower.” She does maintain power of “health” resources. This bill works closely with the Uniform Emergency Volunteer Health Practitioners Act.

Unchallenged

Good Faith: S.B. 7 (2013)

Oklahoma|2013

Clarifies that every contract of duty within the Uniform Commercial

Clarifies that every contract of duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement, and that a breach of the obligation of good faith shall not give rise to a separate tort cause of action.

Unchallenged

Expert Testimony: S.B. 6 (2013)

Oklahoma|2013

Adopts the federal rules of evidence. Sets out that a

Adopts the federal rules of evidence. Sets out that a qualified expert witness may testify on scientific, technical or other specialized knowledge if; (1) The testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods reliably to the facts of the case. Also sets out that facts or data that are otherwise inadmissible shall no tbe disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.

Unchallenged

Recovery of Medicaid Payments: S.B. 4 (2013)

Oklahoma|2013

Medicaid allows for the reduction of its recovery, to take

Medicaid allows for the reduction of its recovery, to take into account the costs of procuring a judgment or settlement. This legislation sets out how a recovery is split when Medicaid is involved in a medical liability action.

Unchallenged

Dismissal of Claims: S.B. 2 (2013)

Oklahoma|2013

Allows any action to be dismissed by the plaintiff without

Allows any action to be dismissed by the plaintiff without an order of the court by filing a notice of dismissal “at any time before the pretrial.” After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice… meaning the action may be filed again in the future.

Unchallenged

Summary Judgment: H.B. 589 (2013)

Louisiana|2013

Provides that summary judgment on a particular issue may be

Provides that summary judgment on a particular issue may be rendered in favor of one or more parties even if the granting of the summary judgment does not dispose of the case as to that party or parties. Also provides that the court may only render a decision as to those issues raised in the motion under consideration. Changes present law to allow the court to consider evidence submitted for the purposes of summary judgment and provides that a party can object to evidence submitted through a memorandum in support or opposition or in a motion to strike that provides the specific grounds for the objection. Finally, provides that a party may retain the right to a trial by jury even if the petitioner has stipulated that the cause of action does not exceed $50,000 when the party is entitled to trial by jury has complied with the procedural requirements for asserting that right if the stipulation has occurred less than 60 days prior to trial.

Unchallenged

Lawsuit Lending Study Bill: H.B. 1558 (2013)

Indiana|2013

Urges the legislative council to assign to the interim study

Urges the legislative council to assign to the interim study committee on insurance, during the 2013 interim of the general assembly, the topic of consumer lawsuit lending.

Unchallenged

Asbestos Trust Fund Transparency: A.B. 19 (2014)

Wisconsin|2014

Provides transparency and prevent fraud in lawsuits involving personal injury

Provides transparency and prevent fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation. The bill requires asbestos plaintiffs to disclose any and all claims that plaintiffs have filed or will file with asbestos trust funds, along with all of the documents and information that support the trust claim. A.B. 19 also requires judges to admit trust claims and supporting materials into evidence at trial and prohibits plaintiffs from spuriously alleging that trust claims and their supporting documents are privileged. Finally, it provides defendants with a powerful tool to ensure that plaintiffs file and disclose all possible claims with asbestos trust. A.B. 19 authorizes defendants to identify trust claims that the plaintiff could and should file. If a judge agrees, the case is stayed until that claim is filed and disclosed.

Unchallenged

Lawsuit Lending: S.B. 1360 (2014)

Tennessee|2014

The bill is lawsuit lending regulatory legislation.

The bill is lawsuit lending regulatory legislation.

Unchallenged

Derivative Suits: S.B. 1799 (2014)

Oklahoma|2014

Unchallenged

Discovery: H.B. 3375 (2014)

Oklahoma|2014

Allows parties, upon showing of good cause, to obtain discovery

Allows parties, upon showing of good cause, to obtain discovery regarding any matter that is relevant to any party’s claim or defense by one or more of the following methods: depositions, written interrogatories, production of documents or things or permission to enter property for the purpose of inspection, copies of physical and mental examinations, and authorizations for release of the records. Also provides that in any action in which physical or mental injury is claimed, the party making the claim shall provide to the other parties a release or authorization allowing the parties to obtain relevant medical records and bills, and, when relevant, a release or authorization for employment and scholastic records.

Unchallenged

Trespass Liability: H.B. 5335 (2014)

Michigan|2014

Codifies the common law of trespass in Michigan.

Codifies the common law of trespass in Michigan.

Unchallenged

Expert Evidence- Daubert Standard and Medical Liability: S.B. 311 (2014)

Kansas|2014

Incrementally raise the limit on noneconomic damages by $50,000 every

Incrementally raise the limit on noneconomic damages by $50,000 every four years until 2022. The current limit is $250,000, and under this legislation, for all causes of action accruing after July 1, 2022, the limit would be $350,000. This provision is in response to a 2012 Kansas Supreme Court opinion, which called for the state legislature to reexamine the limit and make the necessary monetary increases due to inflation and cost of living increases. The second piece of the bill would adopt the Daubert standard for expert testimony.

Unchallenged

Legacy Lawsuits: S.B. 667 (2014)

Louisiana|2014

Retroactive legacy lawsuit legislation that clarifies the types of damages

Retroactive legacy lawsuit legislation that clarifies the types of damages that may be recovered and the standards for recovery of those damages. It allows attorney fees for a party that was dismissed on a motion for preliminary dismissal and would create a definition for contamination.

Unchallenged

Lawsuits Brought by Local Agencies: S.B. 469 (2014)

Louisiana|2014

Prohibits any governmental entity, other than those that currently have

Prohibits any governmental entity, other than those that currently have the authority under the Coastal Zone Management Act, from filing suit based on any uses in the coastal zone, including actions against oil and gas companies. The bill was filed to kill the Southeast Louisiana Flood Protection Authority-East’s lawsuit seeking to get 97 oil, gas and pipeline companies to pay a portion of the cost of restoring marshland desecrated in five parishes around New Orleans by drilling activity. S.B. 469 provides that no state or local governmental entity, except the Department of Natural Resources, the Office of the Attorney General, and the Coastal Protection and Restoration Authority may bring any action for violation or a claim for damages for violation of a coastal use permit. Under this legislation, any monies received by the state for violation of a coastal use permit shall be deposited in the Coastal Protection and Restoration Fund. S.B. 469 also provides that for litigation filed prior the effective date of the act shall be dismissed if the secretary of DNR, the executive director of CPRA, or the attorney general fail to intervene in the litigation.

Unchallenged

Legislative Oversight: H.B. 874 (2014)

Louisiana|2014

Requires an annual report to the Legislature regarding litigation initiated

Requires an annual report to the Legislature regarding litigation initiated by a state agency and requires the attorney general to publish an annual report containing a list of all civil actions initiated by the State of Louisiana. Includes fraud cases at the Department of Health and Hospitals in the reporting requirements.

Unchallenged

Expert Evidence: H.B. 624

Louisiana|2014

Provides that a witness who is qualified as an expert

Provides that a witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the expert’s knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the expert has reliably applied the principles and methods to the facts of the case.

Unchallenged

Summary Judgment: H.B. 599 (2014)

Louisiana|2014

Permits documentary evidence cited in support of a motion for

Permits documentary evidence cited in support of a motion for summary judgment to be filed with the motion or in opposition in any electronic format authorized by the court’s local rules or approved by the court’s clerk for receipt of evidence.

Unchallenged

Nursing Home Liability: S.B. 670 (2014)

Florida|2014

Specifies that a cause of action for negligence or violation

Specifies that a cause of action for negligence or violation of residents’ rights alleging direct or vicarious liability for the injury or death of nursing home resident may be brought against a licensee, its management or consulting company, its managing employees, and any direct caregiver employees, but limits the liability of “passive investors.” The bill authorizes the Agency for Health Care Administration to suspend the license of a nursing home facility that fails to pay a judgment or settlement agreement.

Unchallenged

Trespasser Liability: H.B. 108 (2015)

Wyoming|2015

Codifies the common law of trespass in Wyoming.

Codifies the common law of trespass in Wyoming.

Unchallenged

False Claims Act: S.B. 21 (2015)

Wisconsin|2015

Repeals Wisconsin’s “False Claims for Medical Assistance Act.”

Repeals Wisconsin’s “False Claims for Medical Assistance Act.”

Unchallenged

Asbestos Trust Transparency: S.B. 411 (2015)

West Virginia|2015

Creates the Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos

Creates the Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.

Unchallenged

Consumer Protection Act Reform: S.B. 315

West Virginia|2015

Amends West Virginia’s Consumer Protection Act and provides that no

Amends West Virginia’s Consumer Protection Act and provides that no award of damages under the CPA may be made without proof that the person seeking damages suffered an actual out-of-pocket loss that was proximately caused by a violation of the statute. Provides that either party in a CPA action has the right to demand a jury trial. Specifies that it is the intent of the Legislature that, in construing this statute, the courts be guided by the policies of the Federal Trade Commission and interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade 10 Commission Act (15 U. S. C. §45(a)(1)).

Unchallenged

Open and Obvious Doctrine: S.B. 13 (2015)

West Virginia|2015

Reinstates the open and obvious doctrine. Limits civil liability of

Reinstates the open and obvious doctrine. Limits civil liability of a possessor of real property for injuries caused by open and obvious hazards and reinstates and codifies open and obvious doctrine of common law as it existed prior to judicial abolition.

Unchallenged

Trespasser Liability: S.B. 3 (2015)

West Virginia|2015

Codifies existing common law in West Virginia regarding the duty

Codifies existing common law in West Virginia regarding the duty of care land owners owe trespassers. Provides that a possessor or real property owes no duty of care to a trespasser except in limited circumstances.

Unchallenged

Workers’ Compensation: H.B. 2011 (2015)

West Virginia|2015

Establishes liability and defenses for employees and employers making a

Establishes liability and defenses for employees and employers making a claim to the Workers’ Compensation Fund where an injury is self-inflicted or intentionally caused by the employer.

Unchallenged

Judicial Elections: H.B. 2010 (2015)

West Virginia|2015

Requires the election of justices of the State Supreme Court

Requires the election of justices of the State Supreme Court of Appeals, circuit court judges, family court judges and magistrates to be on a non-partisan basis.

Unchallenged

Comparative Fault: H.B. 2002 (2015)

West Virginia|2015

Predicates actions for damages upon comparative fault principles. Abolishes joint

Predicates actions for damages upon comparative fault principles. Abolishes joint liability and implement several liability and provides that the fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defendant party gives notice no later than 180 days before the trial date that a nonparty was wholly or partially at fault.

Unchallenged

Forum Non Conveniens: H.B. 1692 (2015)

Texas|2015

Changes Texas law for in-state plaintiffs relative to forum non

Changes Texas law for in-state plaintiffs relative to forum non conveniens, and allows for a trial court to dismiss a claim under such a theory provided substantial deference has been given to the in-state legal resident plaintiff.

Unchallenged

Asbestos Trust Transparency: H.B. 1492 (2015)

Texas|2015

Unchallenged

Trespasser Liability: H.B. 3266 (2015)

South Carolina|2015

Establishes the “Trespasser Responsibility Act,” which provides that a landowner

Establishes the “Trespasser Responsibility Act,” which provides that a landowner owes no duty to trespassers except to refrain from causing willful or wanton injury. The act establishes an exception to the “no duty” general rule for artificial improvements made to land that are likely to injure a trespassing child if reasonable care is not taken to prevent the potential harms.

Unchallenged

Phantom Damages: S.B. 789 (2015)

Oklahoma|2015

Provides for the admissibility of the full amount paid as

Provides for the admissibility of the full amount paid as the full amount in question regarding medical bills used for damages calculations. It also states that if no bills have been paid, then the amount billed shall be admissible at trial subject to the limitations regarding any lien filed in the case.

Challenged and Upheld

Supreme Court of Oklahoma upholds the constitutionality in Lee v. Bueno, Case No. 114563 (Okla. Sept. 20, 2016)

Trespasser Liability: S.B. 160 (2015)

Nevada|2015

Restores the traditional common law duty of limited care for

Restores the traditional common law duty of limited care for all defendants in trespasser cases.

Unchallenged

“Pay to Play”: H.B. 1192 (2015)

Indiana|2015

Specifies that an insurer may not pay noneconomic damages on

Specifies that an insurer may not pay noneconomic damages on a motor vehicle insurance claim for a loss incurred by an uninsured motorist who is at least 18 years old. It also provides that a person who sustained bodily injury or property damage as a result of the accident but who was uninsured at the time may not recover noneconomic damages from the person who was operating the other vehicle unless he was convicted of a crime.

Unchallenged

Trespasser Liability: S.B. 306 (2015)

Indiana|2015

Provides that a person who possesses real property does not

Provides that a person who possesses real property does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser.

Unchallenged

Lawsuit Lending: S.B. 882 (2015)

Arkansas|2015

Lawsuit lending alignment bill that would place the industry under

Lawsuit lending alignment bill that would place the industry under the state’s usury laws.

Unchallenged

Vexatious Litigants: S.B. 1048 (2015)

Arizona|2015

Provides that in a civil action, if an applicant who

Provides that in a civil action, if an applicant who is granted a deferral or waiver is found to be a vexatious litigant, the court shall order the applicant to pay the deferred or waived fees and costs.

Unchallenged

Asbestos Trust Transparency: H.B. 2603 (2015)

Arizona|2015

Provides for additional notice requirements in an asbestos personal injury

Provides for additional notice requirements in an asbestos personal injury claim, as well as certain transparency requirements for asbestos trust claims previously made by the plaintiff.

Unchallenged

Wrongful Death: H.B. 2374 (2015)

Arizona|2015

Stipulates that if a person is found guilty of intentionally

Stipulates that if a person is found guilty of intentionally causing the death of the decedent, he is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits.

Unchallenged

Innovator Liability: S.B. 80 (2015)

Alabama|2015

Effectively overturns the Alabama Supreme Court’s decision in Wyeth v.

Effectively overturns the Alabama Supreme Court’s decision in Wyeth v. Weeks and provides that a manufacturer is not liable, under any theory, for damages resulting from a product not designed, manufactured, sold or leased by the manufacturer. It also states that if a manufacturer’s design is copied without express authorization, the manufacturer is not subject to liability for any injury, death or property damage caused by the manufacturer’s product even if the use of the design is foreseeable.

Unchallenged

Wrongful Conduct: S.B. 7 (2016)

West Virginia|2016

Provides that in any civil action, a defendant is not

Provides that in any civil action, a defendant is not liable for damages suffered by the plaintiff as a result of the negligence of the defendant if such damages arise out of the plaintiff’s commission or attempted commission of a felony, and the plaintiff’s injuries were suffered as a proximate result of the commission or attempted commission of the felony. It further provides that an action against a health care provider cannot be maintained by a plaintiff whose damages arise as a proximate result of the commission or attempted commission of a felony.

Unchallenged

Asbestos Litigation Reform: H.B. 403 (2016)

Utah|2016

Enacts transparency requirements with respect to asbestos bankruptcy trust claims

Enacts transparency requirements with respect to asbestos bankruptcy trust claims in civil asbestos actions by requiring the plaintiff to provide specified information to the court and the parties, and allows the defendant to move the court requesting a stay of the proceedings if the defendant has information that could support additional trust claims by the plaintiff. Provides parties with all trust claims materials after commencement of an asbestos-related lawsuit.

Unchallenged

Asbestos Trust Transparency: S.B. 2062 (2016)

Tennessee|2016

Pertains to asbestos bankruptcy trust claims transparency, asbestos medical criteria

Pertains to asbestos bankruptcy trust claims transparency, asbestos medical criteria requirements, and several asbestos-related tort reforms including codification of heightened causation standards. These include no duty to warn about asbestos products made by third parties, no punitive damages for asbestos cases, and no consolidated asbestos trials absent consent of all parties.

Unchallenged

Trespasser Liability: H.B. 767 (2016)

Mississippi|2016

Provides that a possessor of land owes no duty of

Provides that a possessor of land owes no duty of care to a trespasser, except to refrain from willfully or wantonly injuring such a person. The land possessor may be subject to liability for injury to a trespasser if the land possessor discovers the trespasser in a position of peril and fails to exercise reasonable care, or the trespasser is a child injured by an artificial condition if specific criteria are met.

Unchallenged

Small Claims Court Reform: SB 514 (2000)

Connecticut|2000

Increases the maximum amount of damages that may be claimed

Increases the maximum amount of damages that may be claimed in small claims court from $2,500 to $3,500

Unchallenged

Comparative Fault: SB 1012 (1995)

Connecticut|1995

allows a defendant to bring an additional party into the

allows a defendant to bring an additional party into the suit for purposes of apportioning fault, even though the plaintiff did not originally include that party in the lawsuit

Unchallenged

Y2K Liability: SB 80 (1999)

Florida|1999

Provides immunity for businesses and government agencies who follow specified

Provides immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic damages; bars recovery for damages which plaintiff could have avoided or mitigated; requires mediation; prohibits class actions against government agencies; requires each class member has a loss of $50,000 to bring a class action; provides liability protection for directors and officers; and requires filing of suit by March 1, 2002.

Unchallenged

Worker’s Compensation Reform: HB 903 (2009)

Florida|2009

Restored some of the critical reforms passed in 2003 that

Restored some of the critical reforms passed in 2003 that were undone by the Florida Supreme Court ruling in Murray vs. Mariners Health.

Unchallenged

Street Light Repairs/Liability: HB 135 (2005)

Florida|2005

Limited liability for certain public and private entities that provide

Limited liability for certain public and private entities that provide street lights, security lights, or other similar illumination. Provided for procedures for notice and repair of malfunctioning streetlights as a condition for limited liability. Limited the liability of public utility or electric utility that discontinued service to the streetlight.

Unchallenged

Slip and Fall Reform: HB 689 (2010)

Florida|2010

Provided that if a person slipped and fell on a

Provided that if a person slipped and fell on a transitory foreign substance in a business establishment, the injured person must prove that the establishment had actual or constructive knowledge of the condition and should have taken action to remedy it. Also provided that constructive knowledge may be proven by circumstantial evidence.

Unchallenged

Sink Hole Litigation Reform: SB 408 (2011)

Florida|2011

Limits lawsuits and losses for property insurers stemming from sinkhole

Limits lawsuits and losses for property insurers stemming from sinkhole claims, while allowing policyholders with legitimate claims to be compensated.

Unchallenged

Reforming the Doctrine of “Dangerous Instrumentalities”: SB 1832 (2002)

Florida|2002

Provided that a “powered shopping cart” of the type generally

Provided that a “powered shopping cart” of the type generally used in retail establishmehnts by elderly or handicapped customers is not covered by the common law doctrine of “dangerous instrumentalities.” The law allowed powered shopping cart owners to remain liable for damages caused by their own negligence.

Unchallenged

Recreational Liability Releases: SB 2440 (2010)

Florida|2010

Provided that a business will not be held harmless when there

Provided that a business will not be held harmless when there is gross negligence and required the businesses to show they acted with “due care” to avoid an accident. However, the legislation also took into account the rights of children to have access to these activities and the ability of a parent to make decisions in the best interest of their child and understood that there is some inherent risk when children participate in activities like riding ATVs, scuba diving and even playing sports. Provided that should a lawsuit be filed against an activity provider, the plaintiff will have a higher burden of proof and they will be prohibited from bringing a failure to warn claim.

Unchallenged

Premises Liability Reform: SB 1946 (2002)

Florida|2002

Reversed the Florida Supreme Court’s Nov. 15, 2001 ruling in

Reversed the Florida Supreme Court’s Nov. 15, 2001 ruling in Owens v. Publix, which shifted the burden of proof to the defendant. Owens requires defendants to demonstrate that: (1) they had no actual or constructive knowledge of a hazard that would have allowed a responsible defendant to remedy that hazard and prevent injury; or (2) a pattern of neglect did not exist.

Unchallenged

Obesity Litigation Reform: HB 333 (2004)

Florida|2004

Exempted from civil liability manufacturers, distributors, or sellers of food

Exempted from civil liability manufacturers, distributors, or sellers of food or nonalcoholic beverages when the claim is based upon a person’s weight gain or obesity, or a health condition related to weight gain or obesity, related to the long- term consumption of such food or nonalcoholic beverages. The liability exemption does not a apply if defendant failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or provided materially false or misleading information to the public.

Unchallenged

International Commercial Arbitration: HB 821 (2010)

Florida|2010

Defined the scope and intent of the “Florida International Commercial

Defined the scope and intent of the “Florida International Commercial Arbitration Act,” and limited the ability of the court to intervene in an arbitral proceeding. Designated the circuit court in which arbitration is or will be held as the court that may take certain actions.

Unchallenged

Crash Worthiness Doctrine: SB 142 (2011)

Florida|2011

Repeals the state’s antiquated crashworthiness doctrines in cases brought against

Repeals the state’s antiquated crashworthiness doctrines in cases brought against automobile manufacturers for vehicle malfunctions when there is an accident. Under the new law, juries will have all the facts and can apportion responsibility, upon a finding of liability.

Unchallenged

Automobile Liability Reform: HB 775 (1999).

Florida|1999

Limits the liability of an owner or lessor of an

Limits the liability of an owner or lessor of an automobile to $100,000 per person or $300,000 per incident for bodily injury, and $50,000 for property damage. Limits the liability of an uninsured or under-insured person to $500,000 for economic damages only. The reform does not apply in cases involving commercial vehicles used in the ordinary course of business and the transportation of hazardous materials.

Unchallenged

Attorney General Sunshine: H.B. 437; Fla. Stat. § 16.0155

Florida

Prohibited the Department of Legal Affairs of the Office of

Prohibited the Department of Legal Affairs of the Office of the Attorney General from entering into contingency fee contracts with private attorneys unless the Attorney General made a written determination prior to entering into such a contract that contingency fee representation was both cost effective and in the public interest. Required the Attorney General, upon making his or her written determination, to request proposals from private attorneys to represent the Department of Legal Affairs on contingency-fee basis unless the Attorney General determined in writing that requesting such proposals were not feasible under the circumstances. Provided that written determination did constitute final agency action, and provided that requests for proposals and contract awards were not subject to challenge under the Administrative Procedure Act. Required maintenance of specified records, limited the amount of contingency fee that may be paid to private attorney pursuant to contract with the Department of Legal Affairs, and required Internet posting of specified information

Unchallenged

Asbestos/Successor Liability Reform: CS/SB 2228 (2005)

Florida|2005

Applied provisions of the bill to corporations that are successors

Applied provisions of the bill to corporations that are successors and became a successors before January 1, 1972. Provided that cumulative successor asbestosrelated liabilities of a corporation are limited to fair market value of total gross assets of transferor determined as of time of merger or consolidation. Provided methods by which to establish fair market value of total gross assets.

Unchallenged

Asbestos/Silica Litigation Reform: HB 1019 (2005)

Florida|2005

Established minimum medical criteria, based on American Medical Association recommendations,

Established minimum medical criteria, based on American Medical Association recommendations, for filing asbestos and silica claims. Revised statute of limitations for filing asbestos and silica claims. The period for filing claims begins only after a patient has demonstrated symptoms of illness. Prohibited the award of punitive damages in asbestos/silica claims. Increased standards for establishing venue in all asbestos and silica cases.

Unchallenged

Obesity Litigation Reform: HB 196 (2005)

Georgia|2005

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders,

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21 U.S.C. 321 (f)) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Trespass Liability: SB 125 (2014)

Georgia|2014

Codifies the current common law regarding trespasser liability. It provides

Codifies the current common law regarding trespasser liability. It provides that a possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury. A possessor also would be liable to child trespassers in certain instances. (Jesse Stone – R)

Unchallenged

Obesity Litigation Reform: HB 1519 (2004)

Georgia|2004

Exempted from civil liability manufacturers, packers, distributors, carriers,holders, sellers, marketers,

Exempted from civil liability manufacturers, packers, distributors, carriers,holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. Finally, H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Implied Causes of Action: SB 138 (2010)

Georgia|2010

Created the Transparency in Lawsuits Protection Act. Provided that legislative

Created the Transparency in Lawsuits Protection Act. Provided that legislative enactments do not create a private right of action unless expressly stated therein.

Unchallenged

Asbestos/Silica Litigation Reform: SB 182 (2007)

Georgia|2007

Reenacted the 2005 legislation struck down on constitutional grounds related

Reenacted the 2005 legislation struck down on constitutional grounds related to retroactivity. Established objective medical criteria required to bring asbestos or silica claims; reformed successor asbestos-related liability.

Unchallenged

Asbestos/Silica Litigation Reform: HB 416 (2005)

Georgia|2005

Established minimum medical criteria (based on AMA guide to the

Established minimum medical criteria (based on AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims and established criteria for dismissal of pending claims. Provided that, in general, asbestos and silica claims may only be brought or maintained by Georgia residents

Unchallenged

Sunset Provision Repealed: HB 806 (1995)

Hawaii|1995

repeals the October 1, 1995 sunset provision of the tort

repeals the October 1, 1995 sunset provision of the tort reform enactments in Act 2 of the 1986 Special Session including the $375,000 limit on damages for pain and suffering.

Unchallenged

Sports Liability: HB 581 (1997)

Hawaii|1997

Releases owners and operators of recreational activities that have “inherent

Releases owners and operators of recreational activities that have “inherent risks” from liability as long as the patron is fully aware of the risk and signs a written waiver.

Unchallenged

Generic Tort Reform: HB 928 (1993)

Hawaii|1993

Extends until 1995 the generic tort reform package (joint and

Extends until 1995 the generic tort reform package (joint and several reform, non-economic damages limit and collateral source reform) due to sunset this year and establishes a study committee to determine the effectiveness of the 1986 tort reforms and whether or not they should be made permanent.

Unchallenged

Volunteer Liability: HB 746

Idaho|1990

provides limited immunity to volunteers, officers, and directors of non-profit

provides limited immunity to volunteers, officers, and directors of non-profit organizations

Unchallenged

Small Lawsuit Resolution Act: HB 627 (2002)

Idaho|2002

Required nonbinding arbitration or mediation at the request of either

Required nonbinding arbitration or mediation at the request of either party, where claims amountto $25,000 or less. The law relaxed the rules of evidence in such proceedings, and limits the duration of such proceedings to three hours. The law also allowed an unsatisfied party to try his or her case de novo in court, but required the “appealing” party to pay the other party’s costs and attorneys’ fees, if the “appealing” party did not improve his or her position by at least 15 percent.

Unchallenged

Obesity Litigation Reform: HB 590 (2004)

Idaho|2004

Provided a civil liability exemption for a manufacturer, packer, distributor,

Provided a civil liability exemption for a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food or beverage, when the claim is for weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from longterm consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding. The liability exemption also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distributing, advertising, labeling or the sale of food and that the violation was committed knowingly and willfully. In addition, it provided that discovery and other proceedings shall be stayed during any motion to dismiss.

Unchallenged

Amendment to State Tort Claims Act: SB 1524 (1988)

Idaho|1988

provides exceptions to government liability for government entities and their

provides exceptions to government liability for government entities and their employees when acting without malice or criminal intent and without reckless, willful and wanton conduct.

Unchallenged

Employer Reference Liability: SB 1490 (1996)

Illinois|1996

Offers protection from civil liability to employers providing employee refernces

Offers protection from civil liability to employers providing employee refernces unless: by a preponderance of the evidence the employer knowingly disclosed false information with the intent to mislead, in bad faith, or with malicious purpose; and/or, by a preponderance of the evidence the disclosure constituted an unlawful discriminatory practice. Provides a loser pays provision.

Unchallenged

SB 393 (1986)

Indiana|1986

allowed court to assess court costs and attorney fees for

allowed court to assess court costs and attorney fees for frivolous conduct

Unchallenged

Obesity Litigation Reform: HB 1113 (2006)

Indiana|2006

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders,

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21U.S.C. 321 (f)) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully

Unchallenged

Lawsuit Lending Study Bill: HB 1558 (2013)

Indiana|2013

Urges the legislative council to assign to the interim study

Urges the legislative council to assign to the interim study committee on insurance, duringt he 2013 interim of the general assembly, the topic of consumer lawsuit lending

Unchallenged

Trespasser Liability: HB 2447 (2014)

Kansas|2014

Codifies current Kansas common law of trespass and provides that

Codifies current Kansas common law of trespass and provides that a possessor of real property owes no duty of care to a trespasser except in those circumstances where a common law or statutory right of action currently exists.

Unchallenged

Obesity Litigation Reform: SB 75 (2005)

Kansas|2005

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders,

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21 U.S.C. 321) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Asbestos/Silica Litigation Reform: SB 512 (2006)

Kansas|2006

Established minimum medical criteria for the filing of asbestos and

Established minimum medical criteria for the filing of asbestos and silica claims

Unchallenged

Obesity Litigation Reform: SB 103 (2005)

Kentucky|2005

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food, as defined in KRS 217.125 or 21 U.S.C. 321, for claims arising out of weight gain, obesity, health conditions associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

H.Con.Res. 62 (1988)

Kentucky|1988

● urges Supreme Court to provide for “certificate of merit”

● urges Supreme Court to provide for “certificate of merit” requiring plaintiff and defendant to file a certificate stating merit of claim or defense and that an expert witness will testify to it

● recommends that Supreme Court amend Rule 68 directing that all costs be awarded against party failing to accept a reasonable offer of settlement

● recommends Supreme Court amend Rule 59 to allow the Court to review an award to raise or lower it if the Court believes amounts are excessive or inadequate

Joint and Several Liability Reform: HB 21 (1996): Ky. Rev. Stat. Ann. § 411.182.

Bars application of the rule of joint and several liability in the recovery of all damages.

Unchallenged

Consumer Protection in Motor Vehicle Accidents: HB 382 (2011)

Kentucky|2011

Provides that during the first 30 days after a motor

Provides that during the first 30 days after a motor vehicle accident, a person may not directly solicit or knowingly permit another person to directly solicit an individual, or relative of an individual, involved in the motor vehicle accident for the provision of any service related to the accident.

Unchallenged

Volunteer Physician Immunity: HB 1088 (1997)

Louisiana|1997

Provides tort immunity for health care providers who provide free

Provides tort immunity for health care providers who provide free services at community health care clinics

Unchallenged

Volunteer Immunity: SB 507 (1999)

Louisiana|1999

Provides liability protection for health care providers for their voluntary

Provides liability protection for health care providers for their voluntary services at community health clinics or community pharmacies

Unchallenged

TiPAC: H.B. 799 (2014)

Louisiana|2014

Codifies a Louisiana Supreme Court decision that the state cannot

Codifies a Louisiana Supreme Court decision that the state cannot compensate attorneys on a contingency fee basis, absent express statutory authority; provides that, in cases where a statute allows for the recovery of attorney’s fees for the prevailing party, those attorney fee awards belong to the state, absent express statutory authority; clarifies that outside counsel are considered to be public servants under the Louisiana Code of Ethics and can only receive pay from the state government entity by which they are employed; requires outside counsel to keep accurate time and expense records, and limits hourly rates to the lesser of the maximum rate approved by the Attorney’s Fee Review Board or $500; requires outside counsel to be approved by the governor and attorney general for state work; requires an application for approval to include a copy of the proposed contract and a resolution to include a statement of real need, a statement fully providing the reasons for the action, a full statement of compensation to be paid, and, if applicable, statutory authority for a contingency fee; requires the governor and/or the attorney general to respond in writing with approval or rejection of the application and to outline the reasons for rejection. The bill is prospective in nature, exempts local and parish governments and colleges and universities, and requires preference be given to Louisiana attorneys.

Unchallenged

Strict Liability: HB 18 (1996)

Louisiana|1996

Repeals the judicially created strict liability doctrine exposing property owners

Repeals the judicially created strict liability doctrine exposing property owners to liability without proof of fault. Returns Louisiana to a negligence standard.

Unchallenged

Review Panel for Actions Against Certified Public Accountants: HB 389 (1997)

Louisiana|1997

Provides for mandatory review panel of claims against certified public

Provides for mandatory review panel of claims against certified public accountants unless both parties agree to waive; provides that panel’s opinion is admissible as an expert opinion; and provides that claimant must pay for the cost of panel if the panel finds for the certified public accountant

Unchallenged

Maritime Jury Trial Reform: SB 832 (1999)

Louisiana|1999

Repeals the prohibition against jury trials in suits involving admiralty

Repeals the prohibition against jury trials in suits involving admiralty or general maritime cases.

Unchallenged

Limitation of Damages Against the State: SB 258 (2005)

Louisiana|2005

Limited all damages against the state and political subdivisions to

Limited all damages against the state and political subdivisions to $500,000 for personal injury and wrongful death (exclusive of property damages, medical care and related benefits and loss of earnings or loss of support, and loss of future support). The intention of this legislation was intended to explain the original intent of the legislature, notwithstanding the contrary interpretation of the Louisiana Supreme Court in Locket v. the State of Louisiana, Department of Transportation and Development, 2003-1767 (La. 2/25/04) 869 So.2d 97.

Unchallenged

Legislative Oversight: HB 874 (2014)

Louisiana|2014

Requires an annual report to the Legislature regarding litigation initiated

Requires an annual report to the Legislature regarding litigation initiated by a state agency and requires the attorney general to publish an annual report containing a list of all civil actions initiated by the State of Louisiana. Includes fraud cases at the Department of Health and Hospitals in the reporting requirements. (Stuart Bishop – R)

Unchallenged

Legacy Lawsuit: SB 667 (2014)

Louisiana|2014

Retroactive legacy lawsuit legislation that clarifies the types of damages

Retroactive legacy lawsuit legislation that clarifies the types of damages that may be recovered and the standards for recovery of those damages. It allows attorney fees for a party that was dismissed on a motion for preliminary dismissal and would create a definition for contamination. (Robert Adley – R)

Unchallenged

Legacy Lawsuit Reform: HB 618/SB 555 (2012)

Louisiana|2012

Provides oil producers with the ability to admit to responsibility

Provides oil producers with the ability to admit to responsibility for cleaning up pollution from past oil drilling activities without admitting to larger damages. The admission would not waive the admitting party’s right to use any of the available defenses in court. The bills also create a system where the Department of Natural Resources would develop a cleanup plan for polluted lands that would be open to public scrutiny via a public hearing. The cleanup plan also has to pass analysis by the Department of Environmental Quality and the Department of Agriculture.

Unchallenged

Lawsuits Brought by Local Agencies: SB 469 (2014)

Louisiana|2014

Prohibits any governmental entity, other than those that currently have

Prohibits any governmental entity, other than those that currently have the authority under the Coastal Zone Management Act, from filing suit based on any uses in the coastal zone, including actions against oil and gas companies. The bill was filed to kill the Southeast Louisiana Flood Protection Authority-East’s lawsuit seeking to get 97 oil, gas and pipeline companies to pay a portion of the cost of restoring marshland desecrated in five parishes around New Orleans by drilling activity. S.B. 469 provides that no state or local governmental entity, except the Department of Natural Resources, the Office of the Attorney General, and the Coastal Protection and Restoration Authority may bring any action for violation or a claim for damages for violation of a coastal use permit. Under this legislation, any monies received by the state for violation of a coastal use permit shall be deposited in the Coastal Protection and Restoration Fund. S.B. 469 also provides that for litigation filed prior the effective date of the act shall be dismissed if the secretary of DNR, the executive director of CPRA, or the attorney general fail to intervene in the litigation. (Robert Adley – R)

Unchallenged

Immunity for Officers and Directors: HB 389 (1999)

Louisiana|1999

Overturns the First Circuit Court of Appeals’ decision in the

Overturns the First Circuit Court of Appeals’ decision in the Theriot v. Bourg case which allowed officers and directors of corporations to be sued for errors in judgment even when decisions were made in good faith

Unchallenged

HB 502 (1991)

Louisiana|1991

requires a licensed psychologist’s or psychiatrist’s diagnosis of any mental

requires a licensed psychologist’s or psychiatrist’s diagnosis of any mental stress injuries that are not manifested by a physical injury

Unchallenged

Frivolous Suits: SB 679 (1988)

Louisiana|1988

Court shall impose sanctions which may include an order to

Court shall impose sanctions which may include an order to pay reasonable expenses incurred including reasonable attorney’s fees

Unchallenged

Food Liability: HB 518 (2003)

Louisiana|2003

Exempted from liability any manufacturer, distributor or seller of a

Exempted from liability any manufacturer, distributor or seller of a food or nonalcoholic beverage where liability is premised upon the individual’s weight gain or obesity. This is the first law enacted at either he state or federal level that specifically addresses liability limits for purveyors of food with respect to obesity lawsuits.

Unchallenged

Expert Evidence Reform: SB 308 (2008)

Louisiana|2008

Requires a pre-trial motion requesting a hearing on expert evidence

Requires a pre-trial motion requesting a hearing on expert evidence to be filed 60 days prior to the trial date. Requires a judge to hold a hearing and give an oral or written reason for qualifying or disqualifying an expert witness and/or methodology within 30 days of trial. Also includes a “loser pay” provision.

Unchallenged

Exclusive Remedy in Worker’s Compensation Reform: HB 1622 (1995)

Louisiana|1995

reasserts the doctrine of “exclusive remedy” in worker’s compensation cases

reasserts the doctrine of “exclusive remedy” in worker’s compensation cases to address the Louisiana Supreme Court decision which greatly weakened exclusivity in Billiot v. B.P. Oil.

Unchallenged

Blood and Tissue Liability: SB 597 (1999)

Louisiana|1999

Limits liability and provides for a statute of limitations for

Limits liability and provides for a statute of limitations for health care providers in cases involving blood transfusions, tissue products or the transplant of any human organ

Unchallenged

Volunteer Liability Reform: LD 320 (1995)

Maine|1995

Clarifies that medical professionals who volunteer services for county or

Clarifies that medical professionals who volunteer services for county or municipal agencies are entitled to the same protection from civil liability as those who volunteer for a nonprofit corporation

Unchallenged

Obesity Litigation Reform: LD 645 (2005)

Maine|2005

Exempted from liability manufacturers, distributors or sellers of food, or

Exempted from liability manufacturers, distributors or sellers of food, or an association of one or more such entities, for claims of obesity or obesity related illness. The liability exemption does not apply if the manufacturer or distributor failed to provide nutritional information as required by an applicable state or federal statute, rule or regulation or has materially false or misleading information to the public.

Unchallenged

Volunteer Liability: HB 1125 (1997)

Maryland|1997

Grants immunity from personal liability for professional engineers, acting upon

Grants immunity from personal liability for professional engineers, acting upon the request of state officials, who volunteer at the scene of an emergency, disaster, or catastrophic event.

Unchallenged

Officer Liability: SB 223 (1988)

Maryland|1988

limits liability of directors and officers of not-for-profit corporations

limits liability of directors and officers of not-for-profit corporations

Unchallenged

MD Notes:

Maryland

In 1998, the Maryland Court of Appeals established the Council

In 1998, the Maryland Court of Appeals established the Council on Jury Use and Management. The Council completed a study through the work of three committees: Jury Pool and Summonsing Process; Quality of Jury Experience; and Trial Procedures and Role of Jury. One of the Council’s top recommendations was for the legislature to consider enactment of a law requiring employers to compensate employees called for jury duty, paying the difference between daily juror pay provided by the court and the normal daily rate of compensation, with the employer obligation extending to a maximum of three days. The Council also recommended various reforms to the court system such as increasing juror comprehension and more actively involving jurors in the trial, expanding juror sources lists, providing better orientation of jurors before they report for duty, and offering jurors day care services. It appears that the legislature has not yet adopted the Council’s recommendations. Jurors continue to receive $15 per day from the state for their service and counties may supplement the State per diem amount by local ordinance. Employers may not fire employees for lost time due to jury service, but are under no legal obligation to pay their employees for time spent as jurors.

Unchallenged

HB 273 (1988)

Maryland|1988

limits liability of directors and officers of for-profit corporations

limits liability of directors and officers of for-profit corporations

Unchallenged

Employer Reference Liability: HB 597 (1996)

Maryland|1996

Releases employers from civil liability for providing employee references using

Releases employers from civil liability for providing employee references using a resumption of good faith. The good faith presumption can be rebutted only by clear and convincing evidence that there was actual malice or false information was intentionally or recklessly disclosed.

Unchallenged

Consumer Protection Contracts – Late Fees: SB 145 (2000)

Maryland|2000

Allows businesses to charge a reasonable late fee to recover

Allows businesses to charge a reasonable late fee to recover the cost of delinquent payments and encourages customers to pay on time; protects all consumers by requiring a cap on late fees; and applies retroactively to protect businesses that, in good faith, imposed late fees in reliance on the generally accepted understanding of the law

Unchallenged

Certificate of Merit: HB 188 (1998)

Maryland|1998

Requires a certificate of merit by a qualified expert to

Requires a certificate of merit by a qualified expert to be filed in claims against licensed professionals

Unchallenged

Obesity Litigation Reform: HB 5809 (2004)

Michigan|2004

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters, or advertisers of food (as defined in 21 U.S.C. 321) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss. Finally, H.B. 5809 specified that the state is prohibited from filing obesity lawsuits.

Unchallenged

Y2K Liability: SB 1262 (1999)

Minnesota|1999

Establishes affirmative defenses for individuals and small businesses for Y2K

Establishes affirmative defenses for individuals and small businesses for Y2K related failures

Unchallenged

Real Property Liability/Opportunity to Cure: S 1494 (2010)

Minnesota|2010

Required performance guidelines for certain residential contracts and modified statutory

Required performance guidelines for certain residential contracts and modified statutory warranties. Also, required notice and opportunity to repair. Allowed a home improvement contractor to inspect claims and provide a written offer to repair.

Unchallenged

HB 775 (1988)

Mississippi|1988

Volunteer immunity

Volunteer immunity

Unchallenged

HB 772 (1988)

Mississippi|1988

frivolous suit sanctions – court may assess transaction costs and

frivolous suit sanctions – court may assess transaction costs and attorney fees for frivolous claims or defenses

Unchallenged

Environmental Clean Up Liability: HB 1084 (2003)

Mississippi|2003

Provided civil immunity for parties that clean up EPA Superfund

Provided civil immunity for parties that clean up EPA Superfund sites

Unchallenged

Community Events Liability: HB 1312 (2003)

Mississippi|2003

Provided immunity to sponsors and advertisers of community events

Provided immunity to sponsors and advertisers of community events

Unchallenged

Trespasser Liability Reform: SB 628 (2012)

Missouri|2012

Codifies existing law by providing that a real property occupant

Codifies existing law by providing that a real property occupant owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence, maintains certain types of artificial conditions on the premise, or in certain instances involving child trespassers.

Unchallenged

Obesity Litigation Reform: HB 1115 (2004)

Missouri|2004

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301 (F)) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. The provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of food. Finally, H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Frivolous Suits: HB 251 (1997)

Montana|1997

Allows the court to assess jury costs if a party’s

Allows the court to assess jury costs if a party’s case is frivolous or maintained for purposes of harassment

Unchallenged

Y2K Liability: LB 661 (1999)

Nebraska|1999

Limits liability for state and local governmental entities and federally

Limits liability for state and local governmental entities and federally insured financial institutions: requires privity of contract to bring suit; provides 180 day waiting period after a cause of action accrues for class actions; and creates a sunset provision on January 31, 2002.

Unchallenged

Vexatious Litigants: SB 96 (2013)

New Hampshire|2013

Allows a judge to order a vexatious litigant to retain

Allows a judge to order a vexatious litigant to retain an attorney of good character to represent him in all actions or to post a cash or surety bond sufficient to cover all attorney fees and anticipated damages. Defines a vexatious litigant as an individual who has been found to have filed three or more frivolous lawsuits which have had a final disposition and which the judge finds, by clear and convincing evidence, were initiated for the primary purpose of harassment.

Unchallenged

Retired Physicians Immunity: HB 1509 (1996)

New Hampshire|1996

Grants certain retired physicians immunity from civil liability for volunteer

Grants certain retired physicians immunity from civil liability for volunteer health educational services

Unchallenged

HB 237 (1988)

New Hampshire|1988

Volunteer immunity

Volunteer immunity

Unchallenged

Derivative Proceedings and Shareholder Class Actions: AB 3123 (2013)

New Jersey|2013

Requires a written demand be made on the corporation for

Requires a written demand be made on the corporation for derivative suits. The new demand requirement grants the company 90 days to respond and stays all proceedings, including discovery, during this period. It also allows the corporation to move for a stay of proceedings if it is currently conducting an investigation. Raises the amount of ownership in the company that a shareholder must have in order to avoid posting security in any shareholder class action or derivative suit. Requires that the shareholder hold ownership at the time of filing suit and remains a shareholder for the duration of the suit. Next and significantly, the court shall dismiss the case if the corporation moves for dismissal after specified groups have determined “in good faith, after conducting a reasonable inquiry upon which its conclusions are based, the maintenance of the derivative proceedings is not in the best interest of the corporation.” The specified groups include: (1) a majority vote of shareholders; (2) a majority vote of independent directors; (3) a majority vote of a committee appointed by independent directors; (4) a panel appointed by the court at the request of the corporation. Finally, introduces a fee shifting provision which requires plaintiffs to pay the corporation if the suit was brought without the exercise of reasonable diligence, cause or with improper purpose.

Unchallenged

Certificate of Merit: SB 1493 (1995)

New Jersey|1995

requires parties asserting claims against registered professionals to submit an

requires parties asserting claims against registered professionals to submit an affidavit by a neutral licensed person with the claim

Unchallenged

Structured Settlement Reform: S. 5697 (2003)

New York|2003

Provided for a fix to the Desiderio decision. The Desiderio

Provided for a fix to the Desiderio decision. The Desiderio decision resulted from poorly drafted language of a 1986 law designed to address tort liability and resulted in the double-counting of inflation on judgments against hospitals; in one case a $40 million judgment into an almost $140 million judgment, which was upheld by the New York State’s Court of Appeals. Other provisions were included that were favorable to the trial bar: accelerated payments to plaintiffs; a provision which allows up to $500,000 in damages for pain and suffering, or 35% of the pain and suffering award, whichever is greater to be awarded as a lump sum, rather than the old limit of $250,000; and a reduction in the time pain and suffering awards are to be paid from 10 years to 8 years.

Unchallenged

NY Note:

New York

In 1993, Chief Judge Judith Kaye established the Jury Project,

In 1993, Chief Judge Judith Kaye established the Jury Project, a statewide jury reform commission, in order to improve the response rate to juror summonses, ensure more representative juror pools, and improve the public’s understanding of jury service. Prior to its reform effort, New York had 26 professional exemptions ranging from judges, lawyers, physicians, and police officers to ministers, podiatrists, optometrists, volunteer firefighters, and Christian Scientists. Remarkably, these exemptions excluded over one million of New York’s citizens from the jury pool and contributed to a shortage of jurors in the 1990s. At that time, New York courts only paid $15 per day to jurors for their service. In December 1995, the New York legislature passed a law expanding juror source lists, eliminating all occupational disqualifications, eliminating all exemptions from jury service, providing for one deferral of jury service as of right and a 800 number to reschedule, simplifying summons enforcement procedures, increasing the juror fee to $40 and abolishing separate reimbursement for transportation costs, requiring employers with over 10 employees to pay the juror-employee’s fee for the first three days, and creating an ombudsman to administer and enforce the law prohibiting employers from penalizing employees who miss work because of jury service. The court also adopted various reforms to increase juror comprehension and public education, and invested significant resources to improve court facilities and services. Following New York’s reform, press reports hailed the increased diversity of the jury pool and the greater willingness of those summoned to serve.

Unchallenged

Y2K Liability: SB 1005 (1999)

North Carolina|1999

Requires privity of contract to bring a suit; eliminates punitive

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.

Unchallenged

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

North Carolina|2015

Ensures that should the state award contingency fee contracts that

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.

Unchallenged

SB 791 (1991)

North Carolina|1991

establishes pilot programs to require mediation of civil actions, including

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

Unchallenged

HB 425 (1991)

North Carolina|1991

expands the 1989 Good Samaritan statute, which included only volunteer

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

Unchallenged

Expert Witness reform: HB 730 (1995)

North Carolina|1995

Provides qualifications for expert witnesses in medical malpractice suits and

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

Unchallenged

Employer Reference Immunity: SB 264 (1997)

North Carolina|1997

Provides employers immunity from civil liability for providing employee references

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.

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.

Unchallenged

Y2K Liability: SB 2303 (1999)

North Dakota|1999

Limits liability for financial institutions and credit unions: actions must

Limits liability for financial institutions and credit unions: actions must be brought by January 1, 2001; requires privity of contract; prohibits joint liability and establishes a comparative fault standard; limits liability to actual economic damages and creates a sunset provision on July 31, 2003.

Unchallenged

Obesity Litigation Reform: HB 1241 (2005)

North Dakota|2005

Exempted from civil liability producers, processors, manufacturers, packers, distributors, carriers,

Exempted from civil liability producers, processors, manufacturers, packers, distributors, carriers, holders, sellers, marketers, trade associations, and advertisers of food (as defined in 21 U.S.C. 321 (f)), or an association of one or more those entities, for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal adulteration or misbranding requirements. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Landowner Immunity for Injuries to Trespassers: HB 1452 (2011)

North Dakota|2011

Codifies existing law with respect to trespassers by providing landowners

Codifies existing law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence on the premise or in certain instances involving child trespassers.

Unchallenged

Trespasser Liability Reform: SB 202 (2012)

Ohio|2012

Codifies existing law by providing that landowners immunity from liability

Codifies existing law by providing that landowners immunity from liability for injuries to trespassers. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence, maintains certain types of artificial conditions on the premise, or in certain instances involving child trespassers.

Unchallenged

Silica/Mixed Dust Litigation Reform: HB 342 (2004)

Ohio|2004

Established minimum medical requirements (based on AMA guide to the

Established minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing silicosis claims or mixed dust disease claims. Specified a plaintiff’s burden of proof in silica or mised dust exposure actions. Established premises liability with respect to those claims.

Unchallenged

Legal Consumer’s Bill of Rights: AM Sub SB 80 (2004).

Ohio|2004

Requests that the Ohio Supreme Court adopt a “Legal Consumer

Requests that the Ohio Supreme Court adopt a “Legal Consumer Bill of Rights” outlining attorney and client responsibilities. Attorney responsibilities include: courtesy, professionalism, attention, fee disclosure, responsiveness, control, respect, confidentiality, ethics, non-discrimination, and grievances. Client responsibilities include: truthfulness, responsiveness, courtesy, communication, and ethics.

Unchallenged

Felony Reform: HB 547 (1998)

Ohio|1998

Prevents individuals convicted of a felony or violent misdemeanor from

Prevents individuals convicted of a felony or violent misdemeanor from suing their victims for personal injury or damages suffered in the course of committing the crime. The bill broadens the definition of “tort action” to specifically include a product liability claim, an action for wrongful death and an action based on derivative claims for relief.

Unchallenged

Employer Reference Liability: HB 44 (1996)

Ohio|1996

Grants liability protection to an employer who releases information about

Grants liability protection to an employer who releases information about an employee unless claimant proves either or both of the following: by clear and convincing evidence that the employer disclosed the information knowning it to be false or with intent to mislead in bad faith with malicious purpose; or, by a preponderance of the evidence that the disclosure violates the Ohio Civil Rights Commission Law. It also includes a loser pays provision.

Unchallenged

Contingent Fee Reform: HB 350 (1996).

Ohio|1996

Prohibits the assessment of contingent fees for expert witnesses. The

Prohibits the assessment of contingent fees for expert witnesses. The comprehensive 1996 tort reform law violated the doctrine of separation of powers and one-subject provision of the State Constitution. State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Challenged and Struck Down

Asbestos Litigation Reform: HB 292 (2004)

Ohio|2004

Established minimum medical requirements (based on AMA guide to the

Established minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing asbestos claims. Specified plaintiff’s burden of proof in asbestos actions. Established premises liability with respect to asbestos claims.

Unchallenged

Y2K Liability: HB 1325 (1999)

Oklahoma|1999

For businesses that have met specified criteria: prohibits punitive damages;

For businesses that have met specified criteria: prohibits punitive damages; provides immunity for officers and directors; provides protection from third party liability; deems action to be based solely and exclusively in contract; and prohibits class actions suits. Provides qualified immunity to governmental entities.

Unchallenged

Volunteer Liability: SB 11 (2013)

Oklahoma|2013

Deletes old definition language dealing with the term “volunteer” that

Deletes old definition language dealing with the term “volunteer” that restricted a volunteer and replaces it with new language: “provided, being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer;” and, further grants immunity “… where such actions are agreed upon in advance by al involved persons to be provided on a volunteer basis…”

Unchallenged

Trespass Reform: SB 494 (2011)

Oklahoma|2011

Codifies Oklahoma common law which provides that land possessors do

Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances

Unchallenged

The Personal Injury Trust Fund Transparency Act: SB 404 (2013)

Oklahoma|2013

Requires that within 90 days after filing an action for

Requires that within 90 days after filing an action for personal injury, the plaintiff must provide to the court and to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust. The defendant may then seek discovery against a personal injury trust identified by the plaintiff, and the plaintiff may not claim privilege or confidentiality to bar discovery.

Unchallenged

Seat Belt Admissibility: HB 1015 (2013)

Oklahoma|2013

Sets out that the use or nonuse of seatbelts shall

Sets out that the use or nonuse of seatbelts shall be submitted into evidence in any civil suit in Oklahoma unless the plaintiff in such suit is a child under sixteen years old.

Unchallenged

Recovery of Medicaid Payments: SB 4 (2013)

Oklahoma|2013

Medicaid allows for the reduction of its recovery, to take

Medicaid allows for the reduction of its recovery, to take into account the costs of procuring a judgment or settlement. This legislation sets out how a recovery is split when Medicaid is involved in a medical liability action.

Unchallenged

Pleading Requirements: HB 1011 (2013)

Oklahoma|2013

Clarifies that “every pleading demanding relief for damages in money

Clarifies that “every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction shall, without demined any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction, except in actions sounding in contract. Every pleading demanding relief for damages in an amount of that required for diversity jurisdiction or less shall specify the amount of such damages sought to be recovered. Further clarifies that “if the amount of damages sought to be recovered is less than the amount required for diversity jurisdiction, the defendant may file, for purposes of establishing diversity jurisdiction only, a Motion to Clarify Damages prior to the pretrial order to require the plaintiff to show by a preponderance of evidence that the amount of damages, if awarded, will not exceed the amount required for diversity. If the court finds that any damages awarded are more likely than not to exceed the amount of damages required for diversity jurisdiction, the plaintiff shall amend his or her pleadings in conformance with the law.

Unchallenged

Peer Review: HB 1007 (2013)

Oklahoma|2013

Clarifies that in medical peer review proceedings, peer review information

Clarifies that in medical peer review proceedings, peer review information shall be private, confidential, privileged and not subject to discovery. Also states that in any action brought against a health care facility involving possible negligence in hiring, or contract with, a health care professional, any information discovered pursuant to a claim of negligence against such health care facility shall not be admissible as evidence until a judge or jury has first found the health care professional to have been negligent in providing health care services to the patient I n such health acre facility.

Unchallenged

Lawsuit Reform Act: HB 2024 (2011)

Oklahoma|2011

Provides that upon request of a party, the court shall

Provides that upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment. Also, upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump sum payment. This section only applies when the present value of the award of future damages, as determined by the court, equals or exceeds $100,000. Payment must be made within seven years and interest shall be paid at the rate of a post-judgment award.

Unchallenged

Lawsuit Lending Reform: SB 1016 (2013)

Oklahoma|2013

Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.

Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.

Unchallenged

Governor’s Emergency Powers: SB 10 (2013)

Oklahoma|2013

Sets out the powers of the Governor in the case

Sets out the powers of the Governor in the case of emergency. Clarifies that she has certain powers during an emergency which includes certain “resources” not to include “health manpower.” She does maintain power of “health” resources. This bill works closely with the Uniform Emergency Volunteer Health Practitioners Act.

Unchallenged

Good Faith: SB 7 (2013)

Oklahoma|2013

Clarifies that every contract of duty within the Uniform Commercial

Clarifies that every contract of duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement, and that a breach of the obligation of good faith shall not give rise to a separate tort cause of action.

Unchallenged

Firearms Manufacturer Liability: HB 1004 (2013)

Oklahoma|2013

Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute

Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute or sell firearms from liability for “any injury suffered.” Does not exempt such firearms from product liability actions if appropriate.

Unchallenged

Evidence Admissibility Reform: HB 2023 (2011)

Oklahoma|2011

Outlines procedures for unpaid medical bills for personal injury cases.

Outlines procedures for unpaid medical bills for personal injury cases. Allows for payment to be made at the level of actual payment, not what was charged.

Challenged and Upheld

Lee v. Bueno, 2016 WL 5115314 (Okla. Sept. 20, 2016).

Emergency Volunteer Health Practitioners Act: HB 1005 (2013)

Oklahoma|2013

Clarifies who is and who is not an “emergency management

Clarifies who is and who is not an “emergency management worker;” creates the “Uniform Emergency Volunteer Health Practitioners Act; and repealed old language dealing with the licensing and appointment of health personnel.

Unchallenged

Dismissal of Claims: SB 2 (2013)

Oklahoma|2013

Allows any action to be dismissed by the plaintiff without

Allows any action to be dismissed by the plaintiff without an order of the court by filing a notice of dismissal “at any time before the pretrial.” After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice… meaning the action may be filed again in the future.

Unchallenged

Discovery: HB 3375 (2014)

Oklahoma|2014

Allows parties, upon showing of good cause, to obtain discovery

Allows parties, upon showing of good cause, to obtain discovery regarding any matter that is relevant to any party’s claim or defense by one or more of the following methods: depositions, written interrogatories, production of documents or things or permission to enter property for the purpose of inspection, copies of physical and mental examinations, and authorizations for release of the records. Also provides that in any action in which physical or mental injury is claimed, the party making the claim shall provide to the other parties a release or authorization allowing the parties to obtain relevant medical records and bills, and, when relevant, a release or authorization for employment and scholastic records. (Terry O’Donnell – R)

Unchallenged

Derivative Suits: SB 1799 (2014)

Oklahoma|2014

Requires the nonprevailing party or parties in a derivative suit

Requires the nonprevailing party or parties in a derivative suit to pay the prevailing party or parties the reasonable expenses, including attorney fees, taxable as costs, incurred as a result of such action. (Bryce Marlatt -R)

Unchallenged

Definition of “Frivolous”: HB 1006 (2013)

Oklahoma|2013

Sets forth guidelines for signing of pleadings and sets forth

Sets forth guidelines for signing of pleadings and sets forth guidelines for “frivolous” suits brought in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. Upon finding, the court shall enter an order requiring such non-prevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense.

Unchallenged

Common Sense Consumption Act: SB 12 (2013)

Oklahoma|2013

Applies to all covered claims pending on November 1, 2009,

Applies to all covered claims pending on November 1, 2009, and all claims filed thereafter, regardless of when the claim arose. The bill sets forth that the intent of the Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. It sets for the definition of a claim and a “knowing and willful violation,” as well as setting forth guidelines that an entity shall not be subject to civil liability for a claim arising out of weight gain, obesity, or a health condition associated with weight gain or obesity. Additionally, the bill outlines that the pleading requirements and deems them part of the substantive law of the state and not merely in the nature of procedural provisions.

Unchallenged

Affidavit of Merit: SB 1 (2013)

Oklahoma|2013

Sets forth than in any civil action for professional negligence,

Sets forth than in any civil action for professional negligence, the plaintiff shall attach to the petition an affidavit and sets forth what is required in the filing and what should be done without an affidavit attached.

Unchallenged

RICO Cause of Action: SB 386 (1995)

Oregon|1995

eliminates Civil Oregon RICO cause of action

eliminates Civil Oregon RICO cause of action

Unchallenged

Obesity Litigation Reform: HB 2591 (2005)

Oregon|2005

Exempted from civil liability persons involved in the selling of

Exempted from civil liability persons involved in the selling of food (as described in ORS 616.210) for a claim of injury or death caused by the consumption of food. The liability exemption does not apply if the food-related condition was caused by: adulterated food (as described in ORS 616.235), reliance on information that has been misbranded (as described in ORS 616.250), a violation of 21 U.S.C. 301 prohibiting adulterated or misbranded food, or for any other violation of any other state or federal law related to the manufacturing, marketing, distribution, advertisement, labeling or sale of food and the violation was committed knowingly and willfully.

Unchallenged

Liability Against Professional Counselors and Marriage Therapists: HB 2217 (2011)

Oregon|2011

Provides that punitive damages may not be awarded against professional

Provides that punitive damages may not be awarded against professional counselors or licensed marriage and family therapists if they were acting in the scope of their practice.

Unchallenged

Frivolous Lawsuits Reform: SB 385 (1995)

Oregon|1995

enacts sanctions against frivolous lawsuits including a modified loser pays

enacts sanctions against frivolous lawsuits including a modified loser pays provision

Unchallenged

Charitable Immunity: HB 2312 (2011)

Oregon|2011

Eliminates the liability of charitable corporations for damages arising out

Eliminates the liability of charitable corporations for damages arising out of providing eyeglasses, hearing aids or other medical devices without charge.

Unchallenged

Future Damages: SB 1053 (2013)

Pennsylvania|2013

Deletes the requirement that the trier of fact must specify,

Deletes the requirement that the trier of fact must specify, on an annual basis, the amount of future damages and the periods over which such future damages will accrue.

Unchallenged

Vicarious Liability Repeal (auto): 03S-0668 Sub B (2003)

Rhode Island|2003

Amended Rhode Island’s auto leasing statutes to repeal vicarious liability

Amended Rhode Island’s auto leasing statutes to repeal vicarious liability until July 1, 2004.

Unchallenged

Sports Liability Reform: AB 3532 (1996)

South Carolina|1996

Establishes immunity from liability for injuries or death to a

Establishes immunity from liability for injuries or death to a person engaged in a skating activity caused by an inherent risk of ice or roller skating.

Unchallenged

Employer Reference Liability: SB 1041 (1996)

South Carolina|1996

Provides immunity from civil liabilty to employers providing information about

Provides immunity from civil liabilty to employers providing information about a current or former employee unless employer knowingly or recklessly releases or discloses false information.

Unchallenged

Asbestos/Successor Liability Reform: S 1163 (2006)

South Carolina|2006

Limited successor asbestos-related liability to the fair market value or

Limited successor asbestos-related liability to the fair market value or the total gross assets of the transferor determined at the time of the merger or consolidation. Provided methods for determining fair market value.

Unchallenged

Asbestos/Silica Litigation Reform: S 1038 (2006)

South Carolina|2006

Established minimum medical criteria (based on the AMA guide to

Established minimum medical criteria (based on the AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims. Extended the statute of limitations to when an exposed person discovers or should have discovered his or her physical impairment.

Unchallenged

Y2K Liability: SB 186 (1999)

South Dakota|1999

Provides entities that have made an attempt to become Y2K

Provides entities that have made an attempt to become Y2K compliant with a rebuttable presumption that any injury based on Year 2000 disruption was not caused by negligence of the defendant

Unchallenged

State of the Art Defense: SB 200 (1995)

South Dakota|1995

provides a state of the art defense in product liability

provides a state of the art defense in product liability actions

Unchallenged

Obesity Litigation Reform: HB 1282 (2004)

South Dakota|2004

Exempted from civil liability manufacturers, sellers, trade associations, livestock producers, or

Exempted from civil liability manufacturers, sellers, trade associations, livestock producers, or retailers of any food or drink (as defined in Sec. 201(f) of 21 U.S.C. 321 (f)) when the claim is based on the individual’s weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain, obesity, or health condition results from the individual’s long-term consumption of a food or drink. The provisions also apply to cases that are currently pending.

Unchallenged

Landowners and Trespassing Liability: HB 1087 (2011)

South Dakota|2011

Based on the ALEC model Trespasser Responsibility Act, codifies existing

Based on the ALEC model Trespasser Responsibility Act, codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Provides that a landowner does not owe a duty of care to a trespasser and is immune from liability for any injury to a trespasser, unless the physical injury or death was intentionally caused. Provides an exception for physical injury or death caused to a child thirteen years of age or younger resulting from an artificial condition on the land, if the landowner knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition or if the person knew or should have known that the condition involved an unreasonable risk to such children. The landowner also is liable for a child’s injury if the child did not realize the risk involved in the artificial condition, the utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child, and the person failed to exercise reasonable care to eliminate the danger.

Unchallenged

Frivolous Suits: SB 178 (1997)

South Dakota|1997

Requires the court to impose payment of part or all

Requires the court to impose payment of part or all of court costs and reasonable attorneys’ fees upon a party whose action was dismissed and found to be frivolous or brought for malicious purposes.

Unchallenged

Frivolous Suits: HB 1272 (1997)

South Dakota|1997

Creates a cause of action for barratry and institutes procedures

Creates a cause of action for barratry and institutes procedures for asserting the claim.

Unchallenged

Employer Reference Liability: HB 1129 (1996)

South Dakota|1996

Presumes good faith when employers provide employee references unless it

Presumes good faith when employers provide employee references unless it is shown by clear and convincing evidence that the employer recklessly, knowingly, or with malicious purpose, disclosed false or deliberately misleading information; or disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law

Unchallenged

Abolishing the “Loss of Chance” Doctrine: HB 1164 (2002)

South Dakota|2002

Reversed the South Dakota Supreme Court’s adoption of the “loss

Reversed the South Dakota Supreme Court’s adoption of the “loss of chance” doctrine in a July 2000 decision. That doctrine allows a plaintiff to recover for damages upon a showing by a majority of evidence that a doctor’s negligence reduced a patient’s chance of recovering from an illness or injury. The amount of damages recoverable under the doctrine depends on the extent to which the doctor’s negligence contributed to the loss. The previous law permitted a plaintiff to recover for all damages for loss of chance of recovery upon a showing that a greater than 50 percent chance existed that the doctor’s negligence caused the plaintiff’s loss of chance of recovery. The previous law barred recovery upon a showing of a 50 percent or less chance of causation.

Unchallenged

Trespasser Liability Reform: S.B. 2719 (2012)

Tennessee|2012

Codifies the common law regarding liability of a possessor of

Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act.

Unchallenged

TN Note:

Tennessee

In 1998, the Tennessee Bar Association formed the Jury Reform

In 1998, the Tennessee Bar Association formed the Jury Reform Commission. In its May 1999 report, the Commission recommended that the legislature increase juror pay from $10 to $40 per day, plus parking costs, with a cost of living adjustment. The Committee also recommended that the legislature eliminate occupational and disability exemptions from jury service, expand juror source lists, and adopt a one-day/one-trial model. The report also included recommendations to the court system for various reforms to improve juror comprehension such as juror note taking, juror questioning of witnesses, juror notebooks, instructions at the beginning of trial, and written jury instructions in civil cases. The court implemented many of the reforms aimed at improving comprehension during a six-month pilot project commencing in September of 2001. The court recently extended this pilot project, which includes model jury instructions on notetaking and juror questioning of witnesses, indefinitely.

Despite the Commission’s success in implementing jury trial reforms, Tennessee continues to have numerous professional exemptions, which provide members of chosen professions with an automatic postponement of jury service not enjoyed by others. These include all persons holding elected office; practicing attorneys, certified public accountants, public accountants, physicians and clergy; acting professors or teachers of any college, school or institution of learning; members of fire companies and all full-time law enforcement officers; persons over sixty-five (65) years of age, disabled by bodily infirmity or specially exempted by any other positive law; pharmacists; persons not in the full possession of the senses of hearing or seeing; and practicing registered professional nurses upon written confirmation by the hospital administrator that jury duty service would compromise patient care. Tennessee jurors also continue to receive a mere $10 per diem fee. Tennessee law does, however, require businesses with over five employees to pay their employees their regular wage, minus the juror fee, during the entire period of jury service.

Unchallenged

Silica Litigation Reform: SB 3539 (2006)

Tennessee|2006

Established minimum medical criteria for the filing of silica cases.

Established minimum medical criteria for the filing of silica cases. Required a claimant to submit a written report from a qualified medical authority within 30 days of filing a silica complaint. Allowed for premises liability reform.

Unchallenged

Obesity Litigation Reform: SB 2379 (2004)

Tennessee|2004

Exempted from civil liability manufacturers, distributors, sellers or advertisers of

Exempted from civil liability manufacturers, distributors, sellers or advertisers of food [as defined in Section 201(f) of 21 U.S.C. 321(f)] when the claim is for weight gain, obesity, or other conditions resulting from the long-term consumption of food. The civil liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding. The liability exemptin also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. Finally, S.B. 2379 provided that discovery and other roceedings shall be stayed during a motion to dismiss.

Unchallenged

Lawsuit Lending: SB 1360 (2014)

Tennessee|2014

The bill is lawsuit lending regulatory legislation. (Jack Johnson –

The bill is lawsuit lending regulatory legislation. (Jack Johnson – R)

Unchallenged

Y2K Liability: SB 598 (1999)

Texas|1999

Provides a two-year statute of limitations and a fifteen-year statute

Provides a two-year statute of limitations and a fifteen-year statute of repose; requires a 60 day cooling off period before a suit may be filed; protects sellers and users who rely on statements that a product or service does not have a Y2K problem; establishes affirmative defenses; requires alternative dispute resolution before trial; prohibits pain and suffering awards, and limits punitive damages, unless the plaintiff can prove by clear and convincing evidence that the defendant committed fraud or malice.

Unchallenged

Volunteer Immunity: SB 215 (1999)

Texas|1999

Provides immunity to licensed health care providers who volunteer their

Provides immunity to licensed health care providers who volunteer their services for or on behalf of charitable organizations

Unchallenged

TX Note:

Texas

In 1999, the Texas Legislature adopted several recommendations of the

In 1999, the Texas Legislature adopted several recommendations of the Texas Supreme Court’s Jury Task Force. These reforms included increasing juror pay from $6 per day to a rate that varies based on the length of jury service, establishing a uniform juror summons and questionnaire form, exempting from jury service those who have served within the past three years, and strengthening civil penalties and adding criminal penalties against employers who fire or threaten employees for performing jury duties.

Unchallenged

Trespasser Liability Reform: SB 1160 (2011)

Texas|2011

S.B. 1160 codifies traditional common law rules with respect to

S.B. 1160 codifies traditional common law rules with respect to the duty a landowner owes to a trespasser and prevent courts from adopting the new radical standard recommended in the Restatement of Torts (third). In Texas, landowners currently do not owe a duty of care to trespassers and are not liable for their injuries. There are certain exceptions, but these are narrow in scope and well defined. Specifically, S.B. 1160: (1) defines a trespasser; (2) codifies the existing rule that land possessors owe no duty of care to trespassers; (3) provides well-recognized exceptions to the general rule; (4) provides that a child who is at least 14 years of age appreciates the risk of a highly dangerous artificial condition on land; (5) makes clear that the use of justifiable force to repel an intruder, as permitted under the Penal Code,

will not result in civil liability for injury to a trespasser; (6) clarifies that this new code does not affect other statutory provisions regarding the duty owed by land possessors, or otherwise create or increase the liability of any person or entity; and (7) provides that the legislation is prospective only.

Unchallenged

Settlement Credits Reform: SB 890 (2005)

Texas|2005

Restored dollar-for-dollar settlement credit in a multiple defendant civil action

Restored dollar-for-dollar settlement credit in a multiple defendant civil action

Unchallenged

Rural Health Care Act: HB 18 – Effective September 1, 1989 (1989)

Texas|1989

▪ requires that juries be instructed that a bad medical

▪ requires that juries be instructed that a bad medical outcome does not necessarily justify a finding of negligence;

▪ requires that expert witnesses be practicing physicians;

▪ indemnifies physicians with a case load of 10% or more charity cases.

Note: under the Act, OB-GYN’s and emergency room physicians would be indemnified for the first $100,000

and all physicians meeting the patient load, risk management and insurance requirements would be

indemnified for the first $25,000.

Unchallenged

Obesity Litigation Reform: HB 107 (2005)

Texas|2005

Exempted from civil liability trade associations, livestock producers, agricultural producers

Exempted from civil liability trade associations, livestock producers, agricultural producers and manufacturers, sellers, marketers, distributors, and advertisers of food (as defined in 21 U.S.C. 321 (f);(g);(i)) for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. This liability exemption includes actions brought by a person other than the individual whose weight gain, obesity, or health condition the action is based. It also includes any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative or individual. The liability exemption does not apply for a violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. The liability exemption also does not prohibit an action from being brought under Chapter 431, Health Safety Code; or by the attorney general under Section 17.47, Business & Commerce Code. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Unchallenged

Interlocutory Appeals Reform: SB 453 (1997)

Texas|1997

Amends the Texas statute to allow an interlocutory appeal for

Amends the Texas statute to allow an interlocutory appeal for 1) a special appearance, or 2) a jurisdictional challenge over a unit of state or local government before the time and expense of trial have been incurred

Unchallenged

Frivolous Lawsuits: SB 31 (1995)

Texas|1995

adopts the model federal rule so that a court may

adopts the model federal rule so that a court may impose penalties when a groundless lawsuit is filed

Unchallenged

Early Offer of Settlement: HB 274 (2011)

Texas

The main elements of the legislation are: (1) an early

The main elements of the legislation are: (1) an early dismissal of actions provision in which the Texas Supreme Court is directed to promulgate a new rule of civil procedure providing for the dismissal of cases that have no basis in law or fact; (2) a section that requires the Texas Supreme Court to promulgate rules of civil procedure to “promote the prompt, efficient, and cost-effective resolution of civil actions” in which the amount in dispute is less than $100,000; (3) removal of a requirement that a trial judge obtain permission from all parties before he or she can certify a question for appellate review, and clarification of the procedure for taking the appeal; (4) changes and modifications to the

early offer of settlement statute which are intended to make the statute more balanced and, therefore, more useful; and (5) provisions pertaining to the designation of responsible third parties.

Unchallenged

Deceptive Trade Practices Act: HB 668 (1995)

Texas|1995

refocuses the original law’s intent to protect consumers from fraud

refocuses the original law’s intent to protect consumers from fraud and deceptive practices. The bill limits recovery to economic damages in most cases, however, damages may be tripled if the seller knew his conduct was fraudulent or deceptive.

Unchallenged

Barratry: SB 1716 (2011)

Texas|2011

Provides that a client may bring an action to void

Provides that a client may bring an action to void any contract for legal services that was procured as a result of barratry by attorneys or other persons. The client is entitled to receive all fees and damages paid to that person under any voided contract, actual damages caused by the prohibited conduct and reasonable attorney’s fees and the attorney at fault shall pay a civil penalty of $5,000.

Unchallenged

Asbestos Inactive Docket: HB 1325 (2013)

Texas|2013

Provides a mechanism for Texas asbestos and silica MDL courts

Provides a mechanism for Texas asbestos and silica MDL courts to dismiss long dormant claims on the inactive docket enacted in 2005, while preserving a claimant’s ability to re-file a dismissed case should the claimant develop an impairing condition.

Unchallenged

Trespasser Liability Reform: HB 347 (2013)

Utah|2013

Codifies current Utah common law regarding trespass liability. It provides

Codifies current Utah common law regarding trespass liability. It provides that a land owner does not owe a duty of care to a trespasser except in a few limited circumstances.

Unchallenged

Tortious Act Arbitration: SB 52 (2011)

Utah|2011

Promotes arbitration in tort cases and prohibits claims for punitive

Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions. Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators. Decisions by arbitrators are final, but either party can request for trial de novo. If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs. If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.

Unchallenged

TiPAC: SB 264 (2014)

Utah|2014

Requires the attorney general to take certain steps before it

Requires the attorney general to take certain steps before it hires private plaintiffs’ attorneys on a contingency fee basis. S.B. 264 sets tiered limits on the amount of the contingency fee the outside counsel can receive. (Stuart Adams – R)

Unchallenged

Obesity Litigation Reform: SB 214 (2004)

Utah|2004

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, marketers,

Exempted from civil liability manufacturers, packers, distributors, carriers, holders,

marketers, advertisers of food, or an association of one or more such entities when the claim is for obesity or weight gain resulting from the consumption of food. The liability exemption does not apply if the claim is based on a material violation of federal or state adulteration or misbranding requirements or any other material violation of applicable federal or state law related to the marketing, manufacturing, distribution, advertising, labeling or sale of food that was committed knowingly and willfully. The bill defined food as any raw, cooked, or processed edible substance, beverage, or ingredient for use or for sale, but does not include tobacco products, alcohol products, vitamins/dietary supplements, illegal drugs, or prescription/over-the-counter drugs. In addition, it provided for a stay of discovery during a motion to dismiss.

Unchallenged

Negligent Credentialing: SB 150 (2011)

Utah|2011

Overturns a court ruling that determined that negligent credentialing would

Overturns a court ruling that determined that negligent credentialing would be a new cause of action in Utah. Provides that negligent credentialing is not a cause of action in Utah

Unchallenged

Y2K Liability: SB 983 (1999)

Virginia|1999

Requires privity of contract; provides protection from third party liability;

Requires privity of contract; provides protection from third party liability; limits recoveries to actual damages, provides immunity to directors and officers; and prohibits punitive damages

Unchallenged

Trespasser Liability Reform: HB 2004 (2013)

Virginia|2013

Codifies the common law with regards to trespassers. Provides that

Codifies the common law with regards to trespassers. Provides that a possessor of real property owes no duty of care to a trespasser except in circumstances where a common law or statutory right of action already exists.

Unchallenged

Summary Judgment: HB 1708 (2013)

Virginia|2013

Allows requests for admission for which the responses are submitted

Allows requests for admission for which the responses are submitted in support of a motion for summary judgment may be based, in whole or in part, upon discovery depositions and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony. Also allows that a motion for summary judgment seeking dismissal of any claim or demand for punitive damages, except in cases involving driving under the influence, may be sustained when based, in whole or in part, upon discovery depositions.

Unchallenged

Consumer Protection Reform: SB 437 (1989)

Virginia|1989

▪ language which expands the DTPA waiver provision to allow

▪ language which expands the DTPA waiver provision to allow valid waivers when the defendant proves:

▪ the consumer is not in a significantly disparate bargaining position;

▪ the consumer is represented by legal counsel in seeking or acquiring goods; and

▪ 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.

▪ language which strengthens the DTPA notice provision by extending to 60 days the time during which a seller must offer a settlement.

Unchallenged

Dismissal of Nonsuits: HB 1709 (2013)

Virginia|2013

Clarifies that if notice to take a nonsuit is given

Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. Provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court’s discretion, satisfy the reasonableness requirement, without the need for further testimony.

Unchallenged

Unauthorized Passengers in a Vehicle (Respondeat Superior Reform): HB 1719 (2011)

Washington|2011

Overrules the holding in Rahman v. State that a government

Overrules the holding in Rahman v. State that a government or private employer may be held liable for injuries to unauthorized occupants of the employer’s vehicle.

Unchallenged

SB 5023 (1991)

Washington|1991

allows courts to impose sanctions, including the awarding of attorney

allows courts to impose sanctions, including the awarding of attorney fees and costs, against a party to a lawsuit that advances the lawsuit frivolously, even if the case is settled by the parties and does not proceed to trial. The trial court may enter an order requiring the non-prevailing party to pay attorney fees and costs whether a case is ended through a voluntary or involuntary order of dismissal.

Unchallenged

Post-judgment Interest Rate Reform: HB 2485 (2004)

Washington|2004

Established the post-judgment interest rate equal to the average twenty-six

Established the post-judgment interest rate equal to the average twenty-six week Treasury bill rate, plus two percent.

Unchallenged

Obesity Litigation Reform: SB 6601 (2004)

Washington|2004

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, marketers,

Exempted from civil liability manufacturers, packers, distributors, carriers, holders,

marketers, or sellers of food or nonalcoholic beverages for suits brought by private parties when the claim is based upon weight gain, obesity, or health conditions related to weight or obesity resulting from the long-term consumption of food or nonalcoholic beverages.

Unchallenged

Firefighter/Peer Support Group Privilege: HB 2366 (2006)

Washington|2006

Provided that certain communications between firefighters and peer support group

Provided that certain communications between firefighters and peer support group counselors are privileged

Unchallenged

Employer Reference: HB 1625 (2005)

Washington|2005

Provided civil liability protections for employers who provide job references

Provided civil liability protections for employers who provide job references about current and former employees

Unchallenged

Construction Liability Reform: SB 6409 (2002)

Washington|2002

Required a potential plaintiff to wait to file a lawsuit

Required a potential plaintiff to wait to file a lawsuit against a construction professional for a construction defect until that construction professional has had an opportunity to correct the defect.

Unchallenged

Condo Liability: HB 1848 (2005)

Washington|2005

Addressed construction defect disputes in multi-unit buildings

Addressed construction defect disputes in multi-unit buildings

Unchallenged

Barring Admission of a Defendant’s Apology: SB 6429 (2002)

Washington|2002

Barred the admission of a defendant’s apology to a plaintiff

Barred the admission of a defendant’s apology to a plaintiff as evidence in support of a plaintiff’s case. The law previously discouraged discourse and impeded the resolution of disputes between parties by allowing apologies to be used against defendants in litigation

Unchallenged

Workers’ Compensation Reform: SB 744 (2005)

West Virginia|2005

Strengthened requirements necessary for an employee to prove injury as

Strengthened requirements necessary for an employee to prove injury as a results of the employer’s “deliberate intentions” under West Virginia Code §23-4-2, which preserves an action where the employee is injured through the deliberate intention of the employer (under West Virginia Code §23-2-6, employers in good standing with the Workers’ Compensation fund are immune from suits by injured workers, except as provided under §23-4-2). The five part test for proof of deliberate intention in §23-4-2(d) was strengthened by doing the following: (1) made clear that §23-4-2 governs actions by employees against their employers arising from workplace injuries, whether a workers’ compensation claim was filed or not. Section §23-4-2(c) is amended to reflect that it applies whether a claim is filed or not, and §23-4-2(d)(2)(E) reflects that claims must satisfy the statutory requirements of compensability whether a claim is filed or not; (2) the second of the five part test, §23-4-2(d)(2)(B), is amended to require actual knowledge before the injury of the specific unsafe working condition and high degree of risk. This replaces the prior language of “subjective realization and appreciation.”; (3) the third element, which encompasses violation of “commonly accepted and wellknown safety standard within the industry or business of the employer,” now requires proof “by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business.”; (4) subsection (D) contains a grammatical change that retains the requirement of intentional exposure; and (5) section §23-4-2(d)(2) is corrected to make reference to the immunity provision in §23-2-6, which was inadvertently omitted when the statute was amended.

Unchallenged

Volunteer Liability Reform: SB 744 (1998)

West Virginia|1998

Limits liability for physicians who volunteer for certain athletic events

Limits liability for physicians who volunteer for certain athletic events sponsored by a public or private elementary or secondary school

Unchallenged

Prisoner Lawsuit Reform: SB 109 (2000)

West Virginia|2000

Prohibits an inmate from filing a lawsuit until all administrative

Prohibits an inmate from filing a lawsuit until all administrative remedies against the facility have been exhausted. Allows the facility sixty days to complete these remedies. Permits certain court proceedings to occur at the inmates place of incarceration by telephone or video conference. Requires an inmakte to pay for all court filing fees. Upon finding that an inmate filed a frivolous suit, time earned for good behavior may be forfeited. Any award to an inmate shall be paid to any outstanding court-ordered payments pending against the inmate.

Unchallenged

Opportunity to Cure: SB 456 (2005)

West Virginia|2005

Provided that no action may be brought until the consumer

Provided that no action may be brought until the consumer has informed the seller or lessor in writing and by certified mail of the alleged violation and provided the seller or lessor 20 days from receipt of the notice of violation to make a cure offer. The consumer shall have 10 days from receipt of the cure offer to accept the cure offer or it is deemed refused and withdrawn. If a cure offer is accepted, the seller or lessor shall have 10 days to begin effectuating the agreed upon cure and such must be completed within a reasonable time. Any applicable statute of limitations shall be tolled for the 20-day period or for the period of time the effectuation of the cure offer is being performed, whichever is longer. Nothing in this section shall be construed to prevent a consumer that has accepted a cure offer from bringing a civil action against a seller or lessor for failing to timely effect such cure offer. Where an action is brought, it shall be a complete defense that a cure offer was made, accepted and the agreed upon cure was performed. If the finder of fact determines that the cure offer was accepted and the agreed upon cure performed, the seller or lessor shall be entitled to reasonable attorney’s fees and costs attendant to defending the action. No cure offer shall be admissible in any proceeding unless the cure offer is delivered by a seller or lessor to the person claiming loss or to any attorney representing such person prior to the filing of the seller or lessee’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the seller or lessor, then the seller or lessee may introduce the cure offer into evidence at trial. The seller or lessor shall not be liable for such person’s attorney’s fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorney’s fees and court costs, exceed the value of the cure offer.

Unchallenged

Monitoring Settlements in Lawsuits Against State Agencies: SB 667 (2002)

West Virginia|2002

Required anyone planning to sue a state agency to notify

Required anyone planning to sue a state agency to notify the agency 30 days before filing in court. The law required an agency defendant to alert the Senate President and the House Speaker. The purpose of S.B.667 was to avoid the kind of settlements that occurred previously in the Recht School and the Hartley mental health cases. In those cases, agencies settled without aggressively defending the state’s interests, leaving the Legislature to foot the costs of the settlements by rebuilding schools and revamping the mental health system.

Unchallenged

Landowner Liability: SB 378 (1997)

West Virginia|1997

Provides that landowners owe no duty of care to keep

Provides that landowners owe no duty of care to keep the premises safe for entry or to give warning of dangerous or hazardous condition to others who use the premises for recreational or wildlife propagation purposes. Exceptions provided for deliberate, willful or malicious infliction of injury or when a sum is charged to enter the land.

Unchallenged

Immunity for Donators of Volunteer Fire Equipment: HB 2986 (2002)

West Virginia|2002

Limited the civil liability of an entity donating used or

Limited the civil liability of an entity donating used or obsolete fire equipment to a volunteer fire department

Unchallenged

HB 601 (2001)

West Virginia|2001

Establishes a certificate of merit in medical liability actions, abolishes

Establishes a certificate of merit in medical liability actions, abolishes third-party bad faith lawsuits in medical liability actions, and permits parties to submit their claim to either pretrial mediation or a summary jury trial. In jury trials, increases the number of jurors from 9 to 12, but adjudication of claim if nine members of the jury are in agreement, rather than a unanimous verdict.

Unchallenged

Business Court Divisions: HB 4352 (2010)

West Virginia|2010

Authorized the West Virginia Supreme Court to create a business

Authorized the West Virginia Supreme Court to create a business court division within certain circuit court districts.

Unchallenged

Employer Reference Liability: AB 860 (1996)

Wisconsin|1996

Limits employer liability for providing employee references by establishing a

Limits employer liability for providing employee references by establishing a presumption that the employer acted in good faith unless rebutted by clear and convincing evidence that the employer knowingly provided false information, acted maliciously, or violated the fair employment law.

Unchallenged

Obesity Litigation Reform: SB 161 (2006)

Wisconsin|2006

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders,

Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21 U.S.C. 321 (f)) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully

Unchallenged

Medical Records: AB 727 (1996)

Wisconsin|1996

Overturns the 1990 Court of Appeals decisions in Ambrose v.

Overturns the 1990 Court of Appeals decisions in Ambrose v. General Cas. Co. which denied access to medical records pre-existing the date of the occurrence at issue in a given lawsuit. Allows a court order to provide requested information including directly relevant medical records, pre-existing conditions and treatments.

Unchallenged

Attorney Fees: SB 12 (Special Session) (2011)

Wisconsin|2011

Sets forth a number of criteria courts are to consider

Sets forth a number of criteria courts are to consider when awarding attorneys’ fees in feeshifting cases. The bill also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages.

Unchallenged

Asbestos Trust Fund Transparency: AB 19 (2014)

Wisconsin|2014

Provides transparency and prevent fraud in lawsuits involving personal injury

Provides transparency and prevent fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation. The bill requires asbestos plaintiffs to disclose any and all claims that plaintiffs have filed or will file with asbestos trust funds, along with all of the documents and information that support the trust claim. A.B. 19 also requires judges to admit trust claims and supporting materials into evidence at trial and prohibits plaintiffs from spuriously alleging that trust claims and their supporting documents are privileged. Finally, it provides defendants with a powerful tool to ensure that plaintiffs file and disclose all possible claims with asbestos trust. A.B. 19 authorizes defendants to identify trust claims that the plaintiff could and should file. If a judge agrees, the case is stayed until that claim is filed and disclosed. (Andre Jacqui – R)

Unchallenged

Recreation Safety Act: SB 79 (2011)

Wyoming|2011

Grants parents the right to release or waive a minor

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.

Unchallenged

Obesity Litigation Reform: HB 170 (2005)

Wyoming|2005

Exempted from civil liability manufacturers, sellers, trade associations, agricultural producers

Exempted 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 longterm 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.

Unchallenged

HB 14A (1986)

Wyoming|1986

allowed court to assess reasonable court costs and attorney fees

allowed court to assess reasonable court costs and attorney fees for frivolous claims or defenses

Unchallenged

Y2K Liability: HB 1295 (1999)

Colorado|1999

Limits liabilty for all businesses in Y2K actions; provides a

Limits liabilty for all businesses in Y2K actions; provides a 3-year statute of limitations after the cause of action accrues; limits recovery to actual damages; provides affirmative defenses and provides immunity for officers and directors

Unchallenged

Volunteer Immunity: SB 124 (1998)

Colorado|1998

Grants immunity for licensed engineers and architects who volunteer their

Grants immunity for licensed engineers and architects who volunteer their services during a declared emergency or disaster

Unchallenged

Volunteer Immunity: HB 1071 (1999)

Colorado|1999

Provides immunity for licensed physicians from civil liability while performing

Provides immunity for licensed physicians from civil liability while performing volunteer services

Unchallenged

SB 80 (concerning limitations on liability in connection with the sport of skiing)

Colorado

clarifies the 1979 Ski Safety Act’s assumption of risk provision

clarifies the 1979 Ski Safety Act’s assumption of risk provision by stating: skier accepts and assumes the risk of and all legal responsibility for an injury resulting from inherent dangers and risks of skiing; shortens the Act’s statute of limitations from three years to two years.

Unchallenged

Parental Liability Waivers: SB 03-253 (2003)

Colorado|2003

Overturned a 2002 Colorado Supreme Court decision (case no. 00SC885,

Overturned a 2002 Colorado Supreme Court decision (case no. 00SC885, 48 P.rd 1229) which invalidated parental liability waivers signed on behalf of minors.

Unchallenged

Open Records Act Clarification: HB 1036 (2012)

Colorado|2012

Amends the Colorado Open Records Act to clarify that civil

Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC v. Waters, which held that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request. Does allow for a public interest exemption.

Unchallenged

Obesity Litigation Reform: HB 1150 (2004)

Colorado|2004

Exempted from civil liability, manufacturers, packers, distributors, carriers, holders, or

Exempted from civil liability, manufacturers, packers, distributors, carriers, holders, or sellers of food or an association of one or more such entities when the claim is for weight gain, obesity, a health condition related to obesity or weight gain, or any other injury caused by the long-term consumption of food. The exemption does not apply when the claim is for a material violation of federal or state composition, branding, or labeling standards and the injury was caused by the violation. Finally, H.B. 1150 provided that all proceedings, including discovery, shall be stayed during a motion to dismiss

Unchallenged

Colorado Notes

Colorado

In 1996, the Colorado Supreme Court established its Committee on

In 1996, the Colorado Supreme Court established its Committee on the Effective and Efficient Use of Juries using Arizona and California as its models. Based on the Committee’s recommendations, the legislature eliminated occupation as a lawyer as ground for challenge for cause in a criminal trial and developed a procedure for insuring exemption from the jury pool after service. The Supreme Court also implemented various comprehension reforms through rule changes, judicial training, and court order. These include permitting juror notebooks, allowing use of deposition summaries, instructing jurors that note taking is permitted, and experimenting with pre-deliberative discussions through a pilot program. Although the Committee developed legislation for sanctioning those who do not respond to juror summonses, it does not appear that the legislature enacted this proposal.

Unchallenged

Inmate Litigation Reform: HB 1226 (2001)

Colorado|2001

Prohibits an inmate from filing a lawsuit until all available

Prohibits an inmate from filing a lawsuit until all available administrative remedies have been exhausted. Requires an inmate who files more than three lawsuits that are determined to be frivolous be required to pay for filing and processing fees before filing additional lawsuits.

Unchallenged

HB 1168 (1992)

Colorado|1992

allows judges to refer litigants to alternative dispute resolution systems

allows judges to refer litigants to alternative dispute resolution systems when available

Unchallenged

HB 1065 (concerning medical malpractice and “Good Samaritan” provisions)(1990)

Colorado|1990

modifies the certificate of review process in medical malpractice actions

modifies the certificate of review process in medical malpractice actions to establish the fact that professionals review only the facts of the case; amends the “God Samaritan” statute to provide that hospitals and other health care institutions may also be places of emergency immunity

Unchallenged

Firefighter Immunity: SB 138 (2014)

Colorado|2014

Extends immunity provided for volunteer firefighters at the scene of

Extends immunity provided for volunteer firefighters at the scene of an emergency to community volunteers and their organizations. (John Michael Kefalas – D)

Unchallenged

Employer Reference Liability: HB 1072 (1999)

Colorado|1999

Provides immunity for employers who disclose information concerning job performance

Provides immunity for employers who disclose information concerning job performance of a former employee to a prospective employer

Unchallenged

Early Offer of Settlement: HB 03-1027 (2003)

Colorado|2003

Provided that attorney’s fees and costs would be assessed against

Provided that attorney’s fees and costs would be assessed against plaintiffs who decline an offer of settlement proceed to litigation, and receive a smaller judgment than would have been received if a settlement offer had been accepted.

Unchallenged

District Judges: HB 1075 (2001)

Colorado|2001

Adds twenty-four district judges to the judiciary to handle the

Adds twenty-four district judges to the judiciary to handle the growing number of overcrowded cases on the dockets

Unchallenged

Common Law Defense: HB 1237 (2006)

Colorado|2006

Clarified the applicability of certain statutory provisions in premises liability

Clarified the applicability of certain statutory provisions in premises liability actions

Unchallenged

Commission of a Crime: HB 1061 (1993)

Colorado|1993

bars the bringing of a civil action by the perpetrator

bars the bringing of a civil action by the perpetrator of a crime injured in the commission of the crime, unless the injuries were wilfully inflicted

Unchallenged

Civil Liability Reform: HB 1038 (2004)

Colorado|2004

Exempted volunteers at crisis telephone hotlines from civil liability

Exempted volunteers at crisis telephone hotlines from civil liability

Unchallenged

Construction Defect Action Reform Act: HB 1166 (2001)

Colorado|2001

Prohibits damages arising from improvements to residential property provided construction

Prohibits damages arising from improvements to residential property provided construction complies with the applicable building code or industry standards. A claim for relief must be brought within ninety days of discovering physical manifestations of a defect in the improvement which ultimately causes injury.

Unchallenged

SB 527 (1991)

California|1991

extends the requirement for a certificate of merit in actions

extends the requirement for a certificate of merit in actions against engineers, architects and surveyors.

Unchallenged

Good Samaritan Reform: AB 83 (2009)

California|2009

Provided non-medical Good Samaritans the same liability protections afforded medical

Provided non-medical Good Samaritans the same liability protections afforded medical Good Samaritans. The bill stemmed from the California Supreme Court’s ruling in Van Horn v. Watson, in which Lisa Torti rescued Alexandra Van Horn from a vehicle involved

in an accident, and, in doing so, might have caused Ms. Van Horn’s subsequent paralysis. The Court determined that Health and Safety Code Section 1799.102 provides liability protection only to medical professionals who provide emergency medical care. The Court’s interpretation meant that though Ms. Torti may have reasonably believed that removing Ms. Van Horn from a potentially explosive car was necessary to save her life, Ms. Torti may still be sued for injuries allegedly caused by the rescue. A.B. 83 amended Health and Safety Code Section 1799.102 to ensure that it provides liability protections to all people, both medical and laypeople, who help out in good faith at the scene of an emergency

Unchallenged

Construction Liability Reform: SB 800 (2002)

California|2002

Allows a builder an opportunity to cure an alleged defect

Allows a builder an opportunity to cure an alleged defect before litigation can proceed

Unchallenged

California Notes

California

In 1995, the Chief Justice of the California Supreme Court

In 1995, the Chief Justice of the California Supreme Court and the California Judicial Council, the research and policymaking body of the court system, established a Blue Ribbon Commission on jury reform. Several of the Commission’s recommendations involved universal service such as providing mandatory procedures for enforcing jury summonses, increasing juror fees, requiring all employers to continue paying usual compensation for the first three days of jury service, developing tax credits for employers continuing to pay employees during jury service, and providing a list of factors judges should use when making the “good cause” determination. The Judicial Council appears to have had limited success convincing the legislature to implement its recommendations. In 2002, California trial courts adopted a one-day/one-trial system to lessen the burden of service on jurors and the California Supreme Court amended California Rules of Court 701 to strengthen standards for hardship excuses.

Unchallenged

Barring Admission of a Defendant’s Sympathy: AB 2723 (2002)

California|2002

Provided for the inadmissibility of certain evidence as a matter

Provided for the inadmissibility of certain evidence as a matter of public policy, including portions of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person, which are inadmissible as evidence of an admission of liability in a civil action. The reform did not make admissions of fault inadmissible.

Unchallenged

Volunteer Liability Reform: HB 1218 (1997)

Arkansas|1997

Grants immunity to volunteer physicians who provide services in low-cost

Grants immunity to volunteer physicians who provide services in low-cost medical clinics

Unchallenged

HB 1556 (1991)

Arkansas|1991

reduces the statute of limitations in cases by minors against

reduces the statute of limitations in cases by minors against OB-GYNs from nineteen years to nine years. A person to whom a claim has accrued who is under nine years of age, has two years to file suit after reaching his/her ninth birthday. All other actions are to be commenced within 2 years of the accrual of the cause of action.

Unchallenged

Trespasser Liability Reform: SB 1410 (2012)

Arizona|2012

Codifies the common law regarding liability of a possessor of

Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that except in a few specific instances, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by a willful or wanton act

Unchallenged

SB 1294 – Y2K Liability

Arizona

Requires a 90 day written notice before action is filed;

Requires a 90 day written notice before action is filed; establishes affirmative defenses; addresses remedial measures and extends qualified immunity to public entities and employees

Unchallenged

SB 1204 (1991)

Arizona|1991

requires all cases filed in superior court to go to

requires all cases filed in superior court to go to arbitration, if the parties agree that the amount in question does not exceed $50,000, which is the jurisdictional limit. The bill also allows the parties to waive the arbitration requirement for good cause, if all parties file a written stipulation to do so.

Unchallenged

Privilege of Self-Critical Analysis: SB 1051 (1995)

Arizona|1995

provides confidentiality for product safety snalysis or review and reasonable

provides confidentiality for product safety snalysis or review and reasonable remedial measures so plaintiffs may not use such measures to prove negligence or to prove conduct subject to punitive damages.

Unchallenged

Other Reforms

Arizona

In 1993, Arizona became one of the first states to

In 1993, Arizona became one of the first states to initiate a major jury reform initiative when the Arizona Supreme Court established its Committee on the More Effective Use of Juries. The Committee adopted 55 recommendations. Fifteen of these recommendations resulted in immediate changes to the Supreme Court Rules. The implemented reforms primarily aim to increase juror comprehension and involvement in trials. These reforms include encouraging mini-opening statements prior to voir dire, giving jurors copies of jury instructions, providing juror notebooks, allowing jurors to ask questions, and allowing jurors to discuss the evidence among themselves during civil trials. Arizona’s reform is viewed as a model by other states. Arizona did not succeed, however, in implementing universal service recommendations such as expanding juror source lists, using follow-up procedures for non-respondents to jury service, carefully monitoring deferral or excuses from service, and revising statutory provisions for jury pay.

Unchallenged

Obesity Litigation Reform: HB 2220 (2004)

Arizona|2004

H.B. 2220 exempted from civil liability purveyors of food when

H.B. 2220 exempted from civil liability purveyors of food when the claim is a result from the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities. Furthermore, H.B. 2220 provided that there is no duty to warn purchasers, users, or consumers, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause healthy problems if consumed excessively. Food product is defined as any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and nourishment.

Unchallenged

Manufacturer Exemption from Punitive Damages: H.B. 2503 (2012)

Arizona|2012

Establishes reasonable liability rules for manufacturers, service providers and sellers

Establishes reasonable liability rules for manufacturers, service providers and sellers of products with respect to punitive damages when their product or service is in compliance with state or federal laws/regulations. Recognizes that the specific purpose of an award of punitive damages is to punish and deter unlawful conduct, and a defendant should not be punished in civil litigation when it is in compliance with applicable laws and regulatory requirements. Does not apply if it can be demonstrated that the defendant engaged in the following conduct: (1) the business withheld or misrepresented information utilized to gain regulatory approval; (2) the defendant mad an illegal payment to an official to obtain approval of the product or service; or, (3) the defendant sold a product or service after the government ordered the product or service to be removed from the marketplace.

Unchallenged

HB 2556 (concerning immunity for free health care services) (1990)

Arizona|1990

limits physician and health care facility liability related to the

limits physician and health care facility liability related to the delivery of infants under certain emergency care situations if the patient was not previously treated for the pregnancy by the physician, a group practice of the physician, or the physician assistant and nurse midwife with whom the physician had an agreement. (Unless elements are proved by clear and convincing evidence, the licensed health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.)

Unchallenged

Future Damages: HB 2123 (1989)

Arizona|1989

Allows court to order periodic payments for future damages in

Allows court to order periodic payments for future damages in medical malpractice actions

Challenged and Struck Down

Smith v. Myers, 887 P.2d 541 (Ariz. 1994).

Construction Liability Reform: HB 2620 (2002)

Arizona|2002

Required a purchaser to wait to file a lawsuit against

Required a purchaser to wait to file a lawsuit against a seller for a construction defect until after the seller has had an opportunity to correct the defect

Unchallenged

Comprehensive General Tort Reform: SB 1305 (1994)

Arizona|1994

prohibits suits brought by drunk drivers in accidents where they

prohibits suits brought by drunk drivers in accidents where they are more than 50% at fault;
provides immunity from civil liability for volunteers, non-profit organizations and emergency medical technicians;
limits prisoners’ suits;
provides immunity from civil liability for fire fighters and police officers acting within the scope of their duties and
provides for an assumption of the risk defense in personal injury suits.

(Under the Arizona Constitution, SB 1305 is technically unconstitutional and cannot be enacted until the constitution is amended).

Unchallenged

Certificate of Merit: SB 1232 (1995)

Arizona|1995

Requires parties asserting claims against registered professionals to complete an

Requires parties asserting claims against registered professionals to complete an affidavit to be submitted with the claim stating how the acts or omissions caused or contributed to the alleged damages.

Challenged and Struck Down

AA Mechanical v. Superior Court, 948 P.2d 492 (Ariz. App. 1997)

Y2K Liability: HB 82 (1999)

Alaska|1999

In contract actions, provides immunity for businesses including members of

In contract actions, provides immunity for businesses including members of boards of directors who made substantial efforts and have used reasonable care to prevent or remedy damages associated with year 2000 date changes excluding computer developers or manufacturers; provides that noneconomic damages may not be awarded unless plaintiff is able to prove by a preponderance of the evidence that the defendant knew or should have known of the date-related failures; requires written notice to bring suit and allows the opportunity to fix related failures; provides that class action suits may only be brought if the aggregate claim for economic loss exceeds $150,000; and provides that all claims accrue from the effective date until January 1, 2006.

Unchallenged

Medical Apology: H.B. 250 (2014)

Alaska|2014

Makes an expression of apology, responsibility, liability, sympathy, commiseration, compassion

Makes an expression of apology, responsibility, liability, sympathy, commiseration, compassion or benevolence by a health care provider inadmissible in a medical liability case. It also requires a health care provider to advise a patient to seek legal advice before making an agreement with the patient to correct an unanticipated outcome of medical treatment or care.

Unchallenged

Trespasser Liability Reform: S.B. 342 (2012)

Alabama|2012

Codifies longstanding state common law that a possessor of real

Codifies longstanding state common law that a possessor of real property owes no duty of care to a trespasser except to: (1) refrain from causing wanton or intentional injury, including by a trap or pitfall; and (2) exercise reasonable care to avoid causing injury to a known trespasser in a position of peril and to use reasonable care to warn a known trespasser of dangers known by the possessor to exist on the property.

Unchallenged

Transparency in Private Attorney Contracts Act: H.B. 227 (2013)

Alabama|2013

Provides that any state entity seeking to enter into a

Provides that any state entity seeking to enter into a contingency fee contract must make a written determination that such representation is both cost-effective and in the public interest. This must include details about whether the state has sufficient legal and financial resources to handle the matter on its own without a contingency fee contract; the expected time and labor required, as well as the complexity and skill necessary to handle the issues; and the amount of experience desired for the particular attorney services and the nature of private attorney’s experience with similar matters. To ensure that the public interest is kept as the foremost consideration when cases are handled by private attorneys on contingency fee basis, the bill mandates that a government attorney retains complete control over the litigation. The government attorney has supervisory authority, retains veto power over any decisions by private attorneys, may be contacted directly by defendants, must attend all settlement conferences, and has exclusive discretion over settlement decisions. Contingency fees will be limited to 22 percent of the first $10 million; plus 20 percent of the next $15 million; plus 16 percent of the next $25 million; plus 12 percent of the next $25 million; plus 8 percent of the next $25 million; plus 7.1 percent of any recovery exceeding $100 million. Total fees are capped at $75 million per action. For transparency and accountability of public funds, contingency fee attorneys must keep detailed records of expenses and time spent on a case, which would be available to the state for inspection. The contingency fee contract and all payments made are to be posted on the state’s Open Alabama website.

Unchallenged

Statute of Limitations: SB 35 (1996)

Alabama|1996

Provides a 10 year statute of limitations for specified actions

Provides a 10 year statute of limitations for specified actions brought against public officials and municipalities

Unchallenged

Statute of Limitations and Repose: HB 341 (1994)

Alabama|1994

Provides for a 13 year statute of repose for architects

Provides for a 13 year statute of repose for architects & engineers, meaning that architects and engineers would be immune from civil liability 13 years after substantial completion of a construction project. The bill also provides for a two year statute of limitations on such actions.

Unchallenged

Expert Witness Reform: SB 194 (1996)

Alabama|1996

Establishes parameters for “expert witnesses” in medical malpractice cases; and

Establishes parameters for “expert witnesses” in medical malpractice cases; and provides that limits of liability insurance coverage for a health care provider are not discoverable.

Unchallenged

Expert Evidence Review: S.B. 187 (2011)

Alabama|2011

Adopts the Daubert standard and a later US Supreme Court

Adopts the Daubert standard and a later US Supreme Court decision, Joiner. Together these cases established a framework for admitting scientific expert testimony in order to preclude introduction of “junk science” into courtrooms. The federal three-part test for courts to use in determining whether to admit scientific expert testimony has been adopted in full and allows the courts to exclude unreliable testimony or even testimony that may draw from reliable procedures and principles, but whose conclusions are unsupportable. This permits the full breadth of Daubert and Joiner to now be applied in Alabama courtrooms as it is in all federal courtrooms and a majority of other states. The compromise that was reached in S.B. 187 does not adopt the Daubert progeny called Kumho, which extends these rules to non-scientific expert testimony. Also exempted were certain criminal and domestic relations cases. However, nothing precludes the courts in Alabama from later extending these rules to such testimony.

Unchallenged

Forum Non Conveniens Reform: (1987).

Alabama|1987

Gives judges the authority to refuse out-of-state cases on the

Gives judges the authority to refuse out-of-state cases on the basis of convenience or inconvenience to parties and witnesses and allows judges to transfer cases to the most appropriate court.

Unchallenged

Expert Witness Reform: SB 194 (1996)

Alabama|1996

Establishes parameters for “expert witnesses” in medical malpractice cases; and

Establishes parameters for “expert witnesses” in medical malpractice cases; and provides that limits of liability insurance coverage for a health care provider are not discoverable.

Unchallenged

Expert Evidence Review: S.B. 187 (2011)

Alabama|2011

Adopts the Daubert standard and a later US Supreme Court

Adopts the Daubert standard and a later US Supreme Court decision, Joiner. Together these cases established a framework for admitting scientific expert testimony in order to preclude introduction of “junk science” into courtrooms. The federal three-part test for courts to use in determining whether to admit scientific expert testimony has been adopted in full and allows the courts to exclude unreliable testimony or even testimony that may draw from reliable procedures and principles, but whose conclusions are unsupportable. This permits the full breadth of Daubert and Joiner to now be applied in Alabama courtrooms as it is in all federal courtrooms and a majority of other states. The compromise that was reached in S.B. 187 does not adopt the Daubert progeny called Kumho, which extends these rules to non-scientific expert testimony. Also exempted were certain criminal and domestic relations cases. However, nothing precludes the courts in Alabama from later extending these rules to such testimony.

Unchallenged

Constitutional Amendment (1998)

Alabama|1998

constitutional amendment removing doube standards against foreign corporations — passed

constitutional amendment removing doube standards against foreign corporations — passed Super Tuesday with 55% of the vote

Unchallenged

Clarification of the Mini Code: SB 587 (1996)

Alabama|1996

Clarifies the consumer finance statute known as the mini code

Clarifies the consumer finance statute known as the mini code to provide guidance to lenders, retailers and consumer loan companies

Unchallenged