Tort Reform

News & Analysis as of

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

Reverse Tort Reform?

In a notable departure from other tort-reform movements in the country, one state may soon permit medical malpractice lawsuit plaintiffs to recover significantly more noneconomic damages in negligence cases and other...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

Medical Malpractice Reform Being Considered In Georgia

Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...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

Malpractice Proposal Is Justice Denied

A proposal under discussion in the South to dispense with juries in favor of a government agency to rule on medical malpractice is just the latest in a series of wrongheaded efforts to deprive victims of medical errors of...more

Tort Reform Applies To Claims Under Ohio Civil Rights Act

On July 3, 2012, the Ohio Supreme Court directed the Eighth District Court of Appeals to apply the Ohio Supreme Court’s ruling in Havel v. Villa St. Joseph, 131 Ohio St.3d 235 (2012) that, upon motion of a party, Ohio Revised...more

H.R. 5 - the Protecting Access to Healthcare (PATH) Act - the Health Care Industry's Latest Attempt to Avoid the Financial...

On Thursday, March 22, 2012, the House of Representatives passed H.R. 5, the Protecting Access to Healthcare (PATH) Act, a bill originally introduced by Representative Phil Gingrey (R-GA), which if passed into law will cap...more

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