Punitive Damages Reform: SB 24 (1989).
Requires a plaintiff to show by “clear and convincing” evidence
Requires a plaintiff to show by “clear and convincing” evidence that a defendant’s actions were “knowing and reckless.” (The law previously required only a showing that a defendant’s actions were “reckless.”) Provides a government standard defense for FDA approved drugs. Requires the determination of awards for punitive damages to be made in a separate proceeding on a defendant’s motion. Requires 50% of all punitive damage awards over $20,000 to be paid to the state fund.
ATRA President Tiger Joyce writes about trial lawyers’ latest pet project – business interruption lawsuits against insurance companies in the wake of COVID-19.
ATRA reports West Virginia attorney general candidates’ inaction on transparency code pledge.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.
ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.