News & Analysis as of

Tort Reform

Gavel to Gavel: Oklahoma and the American Rule

by McAfee & Taft on

Oklahoma made national headlines this spring when it “accidentally” abolished the American Rule — the rule that generally both parties to a lawsuit pay their own lawyers. This would have made Oklahoma the only loser-pays...more

The Fairness in Class Action Litigation Act of 2017: Will It Pass and Can It Be Improved?

The Fairness in Class Action Litigation Act, also known as H.R. 985, passed the House earlier this year by a largely party line vote. If passed, this bill would represent the most significant class action reform legislation...more

Business Litigation Alert: "No Objection - Why Tort Lawsuits in the U.S. are Declining"

by Porter Hedges LLP on

According to a recent Wall Street Journal article, the number of tort lawsuits filed in the U.S. is rapidly declining. In its analysis of data from the National Center for State Courts, the WSJ found that less than two out...more

Tort Reform by Any Other Name

by Faegre Baker Daniels on

A rose by any other name may smell as sweet, but tort reform still smells bad to traditional opponents despite an attractive title. That’s why most observers believe that the House-passed “Protecting Access to Care Act,”...more

Tort Reform Update: Missouri Changes Rules for Recovery of Medical Bills as Damages

by Lathrop Gage on

On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 31. This tort reform measure prescribes new evidentiary rules for plaintiffs who seek to recover as damages the medical bills they incurred as a...more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Trump Administration FY 2018 Budget and Healthcare Programs

by Holland & Knight LLP on

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16...more

Class Action Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

Economists’ Rx for MDs’ legal wellbeing? Practice better medicine

In the battles between lawyers and doctors over malpractice lawsuits filed by patients harmed while seeking medical services, it may be worth heeding economists’ prescription for caregivers: Physicians, heal thy selves....more

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

by Lathrop Gage on

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix...more

Bunch of Bad Bills Brings Up Denial of Citizen Rights

Fast-Track Legislation Appears To Attack 7th Amendment - Tort reform has become a hot potato again as a series of proposed bills have been unleashed that impinge on the rights of people harmed or injured by product...more

Bill Would Impose New Restrictions On Class Actions

by Shearman & Sterling LLP on

On March 9, 2017, the U.S. House of Representatives voted to approve the Fairness in Class Action Litigation Act of 2017 (“H.R. 985” or the “Bill”), a bill that, if signed into law, would significantly modify class action...more

Evidence grows on lack of merit in GOP attack on harmed patients’ legal rights

Doctors should hold the prime role in the nation’s medical policy making, Tom Price, the orthopedist who is the Trump Administration’s top health expert, has insisted. But will the U.S. Health and Human Services Secretary...more

The House Has Passed H.R.985: The Fairness in Class Action Litigation Act of 2017

by Benesch on

On March 9, 2017, at 6:53 p.m., by a vote of 220 to 201, with seven abstentions, the House of Representatives passed The Fairness in Class Action Litigation Act of 2017. All 220 “ayes” were Republicans and of the “nays,” 187...more

House Passes Fairness in Class Action Litigation Act of 2017

by BakerHostetler on

Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act). The Act – introduced by Chairman of the House Judiciary Committee Bob Goodlatte – makes...more

Take Two!: Congress Revives the Fairness in Class Action Litigation Act

This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the procedures governing class...more

Curtailing Abusive Litigation: Congress to Consider Important Legal Reform Legislation This Week

If your organization is facing abusive litigation—or is concerned about that possibility—you may be pleased to know that, this week, the U.S. House of Representatives is expected to consider and pass four bills aimed at...more

President Trump Announces Health Care Priorities: Repeal/Replace of Obamacare; Tort Reform on Agenda

by Ropes & Gray LLP on

On February 27, 2017, President Trump gave his first address to a joint session of Congress, outlining key points of his administration’s agenda. In his speech, the President reiterated his desire to repeal and replace the...more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

New Political Climate May Lead to Class Action Changes

by Lathrop Gage on

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the...more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

Will Congress Overhaul Class Action Practice? A Quick Look at the Proposed Fairness in Class Action Litigation Act of 2017

In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more

What Can the Business Community Expect from a Trump Administration

by Rumberger Kirk & Caldwell on

As Donald Trump’s administration takes shape, the business community stands watch expecting a business-friendly White House. Trump’s promises of fewer regulations and lower taxes have small and large businesses alike feeling...more

The 2016 Judicial Hellholes Report Is Out!

by Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

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