Utah Issues

Attorney General Sunshine / Private Attorney General Sunshine

Reforms

Jury Service Reform: HB 324 (2003).

Utah|2003

Requires all people to serve on juries unless they experience

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Requires all people to serve on juries unless they experience undue or extreme physical or financial hardship or incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service. Provides that a person who fails to appear for jury duty is in contempt of court and subject to penalties under Title 78, Chapter 32, Contempt. Provides that a person who willfully misrepresents a material fact regarding qualification for, excuse from, or postponement of jury service is guilty of a class C misdemeanor. Provides for employee protection by prohibiting an employer to require an employee to use annual, vacation, or sick leave for the time spent in the jury service process. In addition, it prohibits employers to dismiss or in any other way penalize employees for responding to a jury service summons.

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Medical Liability Reform- Arbitration: S.B. 138 (2003)

Utah|2003

Provided that physicians are allowed to withhold services, except in

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Provided that physicians are allowed to withhold services, except in emergencies, if patient does not consent to arbitration (oral and written consent).

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Unchallenged

Health Care Malpractice Act: S.B. 145 (2010)

Utah|2010

Created a statute of repose that requires all claims to

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Created a statute of repose that requires all claims to be brought within 10 years or they are barred. Placed limitations on noneconomic damages of $350,000 for causes of action arising after May 15, 2010. Required an affidavit of merit from a health care professional in order to proceed with an action, if they received a non-meritorious finding from the pre-litigation panel. Limited the liability of a health care provider, in certain circumstances, for the acts or omissions of an ostensible agent.

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Unchallenged

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Product Liability Reform: Statute of Repose: SB 92 (1991).

Utah|1991

Establishes a 10-year statute of repose for actions brought against

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Establishes a 10-year statute of repose for actions brought against architects, engineers, and builders for design error or faulty construction. Requires that actions be brought within two years from the date that the defect is discovered. Requires that breach of contract or warranty claims be brought within 6 years of the date of completion. The reform does not apply to claims involving intentional or willful misconduct or warranties exceeding the statutory period of six years. The statute of repose which provided death benefits to dependents only when work-related injury caused death within six years of accident violated the open courts provision of the State Constitution. Hales v. Industrial Commission of Utah, 854 P.2d 537 (Utah App. 1993).

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Product Liability Reform: Government Standards Defense: SB 25 (1989).

Utah|1989

Includes all the provisions of the 1977 product liability statute,

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Includes all the provisions of the 1977 product liability statute, except the eight-year statute of repose, which was ruled unconstitutional. The bill includes a presumptive government standards defense for all products.

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Reforms

Punitive Damages Reform: SB 24 (1989).

Utah|1989

Requires a plaintiff to show by “clear and convincing” evidence

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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.

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Challenged and Struck Down

Smith v. Price Dev. Co., 125 P.3d 945 (Utah 2005).

Miscellaneous

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Medical Liability Reform: H.B. 188 (1997)

Utah|1997

Establishes a 180 day time limit for prelitigation hearings and

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Establishes a 180 day time limit for prelitigation hearings and permits parties to stipulate bypassing the prelitigation panel process.

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Unchallenged

Tortious Act Arbitration: S.B. 52 (2011)

Utah|2011

Promotes arbitration in tort cases and prohibits claims for punitive

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Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions. Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators. Decisions by arbitrators are final, but either party can request for trial de novo. If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs. If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.

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Unchallenged

Attorney General Sunshine / Private Attorney General Sunshine

Appeal Bond Reform

Joint and Several Liability

Judgement Interest Reform

Jury Service Reform

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

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