Miscellaneous

Asbestos Litigation Reform – H.B. 328

Utah|2023

Utah – 2023

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Address over-naming in asbestos cases and requires plaintiffs with nonmalignant conditions to demonstrate impairment pursuant to objective medical criteria.  Within twenty-one days after the day on which the first answer is filed in response to the plaintiff’s complaint, the plaintiff must provide the parties with a sworn declaration stating the evidence providing the basis for each claim against each defendant and include supporting documentation.  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.  The court may not dismiss a plaintiff’s asbestos claim upon a showing of good cause by the plaintiff.  In addition, within ninety days after the day on which the plaintiff files a complaint in an asbestos action alleging a nonmalignant condition, the plaintiff must file a detailed narrative medical report and diagnosis, signed under oath by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed individual has a physical impairment for which exposure to asbestos was a substantial contributing factor.


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Unchallenged

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

Utah|1997

Establishes a 180 day time limit for prelitigation hearings and

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


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Unchallenged

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

Utah|2011

Promotes arbitration in tort cases and prohibits claims for punitive

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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.


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Unchallenged

Negligent Credentialing: S.B. 150 (2011)

Utah|2011

Overturns a court ruling that determined that negligent credentialing would

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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.


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Unchallenged

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

Utah|2016

Enacts transparency requirements with respect to asbestos bankruptcy trust claims

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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.


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Unchallenged

Trespasser Liability Reform: HB 347 (2013)

Utah|2013

Codifies current Utah common law regarding trespass liability. It provides

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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.


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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.


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Unchallenged

TiPAC: SB 264 (2014)

Utah|2014

Requires the attorney general to take certain steps before it

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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)


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Unchallenged

Obesity Litigation Reform: SB 214 (2004)

Utah|2004

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

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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.

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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


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Unchallenged