Kentucky Issues

Attorney General Sunshine / Private Attorney General Sunshine

Reforms

Attorney General Sunshine: H.B. 198 (2018)

Kentucky|2018

Prohibits any contracting body, including all constitutional officers and executive

Prohibits any contracting body, including all constitutional officers and executive branch agencies with contracting authority, from entering into a contract for legal services that provides for payment by contingency fee unless the head of the contracting body determines in writing that the contingency fee is both cost-effective and in the public interest. Sets forth reasonable limits on the amount of contingency fee paid to outside counsel and prohibits the contingency fee from exceeding $20 million. Requires the Attorney General or head of the contracting body to retain control over the course and conduct of the case, to attend settlement conferences, be personally involved in overseeing the litigation and have exclusive decision-making power regarding any settlement. Within 5 business days after the contract is awarded, the Finance and Administration Cabinet is required to post each contingency fee legal service contract on its website with the accompanying written determinations from the head of the contracting body. Any payment of contingency fees will also be posted on the website within 15 days after such payment and will remain posted for one year. Each year, by September 1, the Finance and Administration Cabinet and contracting bodies will submit a joint report to the Government Contract Review Committee identifying all contingency fee contracts for legal services and detailing the status of each contract, law firms hired for each contract, amount of recovery for each contract and amount of contingency fee paid, if any. Clarifies that all contingency fee contracts are also subject to the Kentucky Model Procurement Code.

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Unchallenged

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Joint and Several Liability Reform: HB 21 (1996): Ky. Rev. Stat. Ann. § 411.182.

Kentucky|1996

Bars application of the rule of joint and several liability

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Bars application of the rule of joint and several liability in the recovery of all damages.

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Joint and Several Liability Reform: HB 551 (1988).

Kentucky|1988

Requires that juries be instructed to determine the percentage of

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Requires that juries be instructed to determine the percentage of fault appropriate to each claimant, defendant, third party defendant and defendant settling out of court and apportion each party’s equitable share in accordance with the respective percentages of fault. Prudential Life Ins. Co. v. Moody, 696 S.W.2d 503 (Ky. 1985).

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Reforms

Punitive Damages Reform: HB 551 (1988)

Kentucky|1988

Requires, for the award of punitive damages, a plaintiff to

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Requires, for the award of punitive damages, a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud or malice. The 1988 punitive damages reform statute requiring a plaintiff to show that the defendant acted with “flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm” as a predicate for punitive damages liability violated “jural rights” provisions of the State Constitution. Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998).

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Challenged and Struck Down

The Kentucky Supreme Court held the “clear and convincing” evidence standard that conduct constituted oppression, fraud or malice unconstitutional in Terri C. Williams v. Patricia Lynn Herald Wilson, No. 96‑SC‑1122‑DG, April 16, 1998.

Miscellaneous

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Consumer Protection in Motor Vehicle Accidents: H.B. 382 (2011)

Kentucky|2011

Provides that during the first 30 days after a motor

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Provides that during the first 30 days after a motor vehicle accident, a person may not directly solicit or knowingly permit another person to directly solicit an individual, or relative of an individual, involved in the motor vehicle accident for the provision of any service related to the accident.

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Unchallenged

Obesity Litigation Reform: SB 103 (2005)

Kentucky|2005

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

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Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food, as defined in KRS 217.125 or 21 U.S.C. 321, for claims arising out of weight gain, obesity, health conditions associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

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Unchallenged

Latest News

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Kentucky Emerges on Judicial Hellholes® Watch List for the First Time

Press Releases

Evolution in Legal Landscape and Emerging Challenges Highlighted

Kentucky Bills Could Lower Lawsuit Costs and Improve Legal Climate

Press Releases

These proposals to address increasing tort costs would help reform Kentucky’s increasingly unfriendly liability climate and improve overall costs for families across the board.

Garland Should Oppose Biden Effort to Reinstate Controversial ‘Slush Funds’ Practice

In The News

Writing for The Hill, ATRA President Tiger Joyce discusses the Biden administration’s plans to allow a settlement slush fund and issues the practice has caused at the state level.

ATRA Commends Kentucky for Bipartisan Passage of ‘Transparency’ Bill

Press Releases

WASHINGTON, D.C., March 22, 2018 – The American Tort Reform Association (ATRA) today applauded Kentucky lawmakers’ final passage of the Transparency in Private Attorney Contracting (TiPAC) Act, good-government legislation that […]

Phantom Damages Reform

Attorney General Sunshine / Private Attorney General Sunshine

Appeal Bond Reform

Joint and Several Liability

Judgement Interest Reform

Punitive Damages

Miscellaneous

Latest News

View all news

Kentucky Emerges on Judicial Hellholes® Watch List for the First Time

Kentucky Bills Could Lower Lawsuit Costs and Improve Legal Climate

Garland Should Oppose Biden Effort to Reinstate Controversial ‘Slush Funds’ Practice

ATRA Commends Kentucky for Bipartisan Passage of ‘Transparency’ Bill