Tort Reform

News & Analysis as of

The Insidious Myth of Tort Reform | Medical Malpractice

We all have the right to safety, to know that if we are harmed, those responsible will be held accountable, regardless of their occupation. For years, insurance companies and lobbyists have tried to sway state legislators and...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

Will HR 1927 Kill the Class Action?

Since HR 1927 was introduced, there has been an outcry that it will “kill the class action.” In fact, opponents (among them Professors Alexandra Lahav, Samuel Issacharoff (Issacharoff HR1927 Letter), and Arthur Miller...more

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

The Roof Is On Fire: Trial Court Finds Tennessee Non-Economic Damages Cap Unconstitutional

Just four years ago, the Tennessee legislature passed the Civil Justice Act of 2011, making it the latest in a growing number of states to statutorily cap the maximum amount of non-economic damages available to plaintiffs in...more

Tennessee Tort Reform Ruled Unconstitutional

On March 9, 2015, Judge W. Neil Thomas, III, Hamilton County Circuit Court, ruled that the Tennessee Civil Just Act of 2011’s cap on non-economic damages awarded to injured plaintiffs is unconstitutional....more

Does French law recognise a duty to mitigate?

Introduction - On 2 July 2014, the 1st Civil Chamber of the French Cassation Court reaffirmed that a tortfeasor is liable for all consequences resulting from his or her tort. The victim of the tort has no duty to...more

Missouri Supreme Court Holds Statute Capping Punitive Damages Violates Right To Trial By Jury

On September 9, 2014, in a unanimous opinion authored by the Honorable Patricia Breckenridge, the Missouri Supreme Court struck down as unconstitutional a Missouri statute which imposed a cap on the amount of punitive damages...more

You Should Know - September 2014

In this issue: - Defend Your Rights - 10 Key Conversations - Conservative Opposes Tort Reform - Excerpt from “Tort Reform” Threatens Our Constitutional Liberties: Wednesday, Sept. 17...more

Deadly Bus-FedEx Truck Crash Highlights The Need For A Strong Civil Justice System Despite Lobbyists Push For “Tort Reform”

As families of those killed in the crash between a bus and a FedEx truck on April 10th begin to look for justice in this terrible crash, lawyers from all stakeholders take note of the NTSB report. While the families of the...more

Annual Report On “Judicial Hellholes”

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more

Baseless Claims In Texas Now Have Financial Consequences

On March 1, 2013, Rule 91a of the Texas Rules of Civil Procedure went into effect, permitting early challenges to allegedly baseless claims. The new rule permits a party to file a motion to dismiss a cause of action on the...more

Tort Reform in Oklahoma? Again??

In “The Godfather Part III”, Michael Corleone utters the famous line, “Just when I thought I was out, they pull me back in.” Similarly, the Oklahoma Legislature is at this very moment (the one that is taking place as I type,...more

Pennsylvania Supreme Court to Decide Whether to Adopt the Third Restatement of Torts

The Pennsylvania Supreme Court recently agreed to hear an appeal in the matter of Tincher v. Omega Flex, Inc., 64 A.3d 626 (2013), in order to decide whether to replace the strict products liability analysis of Section 402A...more

Oklahoma Supreme Court Strikes Down Tort Reform

The Oklahoma Supreme Court handed down two decisions on June 4, 2013 with respect to the constitutionality of the Comprehensive Lawsuit Reform Act of 2009 (“Tort Reform Act” or “Act”). The first opinion, Wall v. Marouk, 2013...more

Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions....more

Oklahoma Supreme Court Holds Comprehensive Lawsuit Reform Act of 2009 Unconstitutional

In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more

Limited Tort Reform Passes Virginia Assembly

Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more

Alabama Legislative Update – Week 6: Legislators Focus on Education, Tort Reform and Health Care

In a week that was dominated by events surrounding the Alabama Accountability Act, several significant pieces of legislation still moved through – or died in – the State House....more

Government Relations Report: First Funnel Week Edition

This week marked the first major procedural deadline of the session, commonly referred to as the “funnel.” By March 8, House bills must have been voted out of a House committee and Senate bills must have been voted out of...more

Medical Malpractice in California -- The Dirty Secret

The dirty little secret here is that the doctor (or his insurance company) will never even pay the $250,000 amount because they know that is the most damage that can be done to them at trial -- so why offer the innocent...more

Alabama Legislative Update – Week 3: Alabama Trust Fund Repayment Bill Passes

The sixth and seventh legislative days of the Alabama Legislature's Regular Session saw the first bill passed by both houses and on its way to Governor Robert Bentley for his signature. As week three closed, priority...more

Government Relations Report: A Preview of Iowa's 86th General Assembly

The 2013 Iowa legislative session will gavel in on Monday, January 14, the first of the two-year 86th General Assembly. For the most part, the 86th General Assembly will look very much like the last with a split legislature....more

Government Relations And Lobbying Insight: Legislature Opens For Business

After a dramatic November general election, the Minnesota Legislature convened the 2013 session this week with the DFL party firmly in control of state government for the first time in 22 years....more

Louisiana Lands on “Judicial Hellhole Watch List” for Third Year

The American Tort Reform Association released its annual Judicial Hellholes Report earlier this month and Louisiana received the dubious distinction of landing on the report’s watch list for the third consecutive year. The...more

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