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 writes how companies that end arbitration face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings.
We are saddened to hear of former Missouri state Senator Ed Emery’s untimely death. Senator Emery was not only a champion of tort reform, but a pillar in his community. […]
The New York trial bar may get yet another gift from the state lawmakers seemingly tied around their finger.
Lawsuit abuse across the U.S. results in more than $160 billion in excessive tort costs
Financial benefit of reforming Missouri’s tort system could support an additional 20k+ jobs & $3.38B in increased economic activity
$7 million spent in Quarter 1 of 2021 to air nearly 61,000 local legal services TV ads in Illinois