Punitive Damages Reform: SB 482 (1995).
Requires 40% of punitive damages awards to be paid to
Requires 40% of punitive damages awards to be paid to the prevailing party, 60% to the state fund, and no more than 20% to the attorney of the prevailing party. Requires a plaintiff to show by “clear and convincing” evidence that a defendant “acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Provides for court review of jury-awarded punitive damages. Bars the claiming of punitive damages in an original complaint. Requires a plaintiff to show a prima facie case for liability before amending a complaint to include a punitive damages claim. The split-recovery statute allocating 60% of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.
This shift is not in the best interests of consumers, manufacturers, or the state as a whole
Michigan lawmakers must consider the unintended consequences of expanding liability
The Trial Lawyer Playbook report serves as a call to action, promoting transparency, accountability, and fairness in the legal system.
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system