Structured Settlement Reform: S. 5697 (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.
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.
ATRA urges SCOTUS to push back the on overly expansive approaches to jurisdiction shown by courts in Minnesota and Montana.
ATRA reports North Carolina attorney general candidates’ inaction on transparency code pledge.
ATRA reports neither candidate for West Virginia Attorney General has signed its transparency oath, writes Chris Dickerson for the West Virginia Record.