Friday, December 20, 2013
Friday, December 13, 2013
Rep. Eric Burlison has pre-filed a bill that would reinstate a noneconomic damages cap of $350,000 on med mal cases in Missouri. In 2012, the state supreme court struck down a similar cap. The Missouri House passed a cap last year, but it died in the Senate. KMSU has the story.
Monday, November 18, 2013
As I mentioned, last week, the U.S. House was taking up the Lawsuit Abuse Reduction Act. The ABA Journal reports that the bill passed the House on Thursday. The bill reinstates mandatory sanctions and eliminates the 21-day safe harbor for frivolous claims under Rule 11 of the Federal Rules of Civil Procedure.
Thanks to Lisa Smith-Butler for the alert.
From John Day comes "Tort Reform the Song". As Day explains,
"Tort Reform - The Song" was authored as part of the American College of Trial Lawyers Sixth Circuit Conference held in April 2013 in Nashville. The Conference brought together Michigan, Ohio, Kentucky and Tennessee Fellows and their spouses.
It was appropriate to draw upon Nashville's incredible music history and talent as part of this program, and thus three professional songwriters, led by Ryder Lee, a law student at the Belmont University School of Law and founder and former member of The Lost Trailers helped us write a song. Ryder came into the program with the music and a strong start on the lyrics. The attendees, now co-authors of this work, contributed during the program. Ryder and I finished the work in a writer's room at Universal in Nashville and - no kidding - while sitting on the tailgate of Ryder's truck in the parking lot below Taylor Swift's condominium.
Friday, November 15, 2013
On Monday, Sheila reported that two tort reform bills, the Furthering Asbestos Claim Transparency Act (FACT) and the Lawsuit Abuse Reduction Act (LARA) might receive votes in the U.S. House of Representatives this week. FACT passed on Wednesday with a 221-199 vote and LARA passed yesterday 228-195.
Monday, November 11, 2013
Two tort reform bills have been placed on the House calendar for this week: the Lawsuit Abuse Reduction Act and the Furthering Asbestos Claim Transparency Act. According to Govtrack.us, both bills are scheduled to be heard by the House Committee on Rules on November 12th.
Workers' Compensation Blog has more.
Thursday, October 24, 2013
Yesterday Gov. Tom Corbett signed legislation excluding from evidence apologies made by physicians and nursing home staff and administrators in med mal cases. Statements accompanying the apology remain admissible. The bill passed the state House 202-0 and the Senate 50-0. PennLive has the story.
Tuesday, October 1, 2013
Friday, September 27, 2013
Don Gifford & Bill Reynolds (Maryland) have published in the North Carolina Law Review Addendum The Supreme Court, CAFA, and Parens Patriae Actions: Will it Be Principles or Biases?. The abstract provides:
The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and the liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether the defendant-manufacturers can remove an action brought by a state attorney general suing as parens patriae to federal court. Beginning with their actions against tobacco manufacturers in the mid-1990s, state attorneys general often sued as parens patriae in litigation of nationwide significance. In Hood, the Supreme Court considers whether mass plaintiffs’ attorneys, by partnering with state attorneys general in parens patriae actions, will be able to circumvent the requirements of the Class Action Fairness Act that allow defendants to remove class actions and other forms of mass actions to the typically more defendant-friendly confines of federal courts. Resolution will turn on the Court’s interpretation of the statutory term “mass action.” A textualist interpretation, usually favored by Justice Scalia and his conservative colleagues, would not allow such removal—a decidedly anti-business result. At the same time, a purposive approach to interpreting the statutory provision, promoted by Justice Breyer, possibly would allow such removal. For each group of Justices, the conflict is clear: Will they follow their previously articulated principles of statutory interpretation or their ideological biases?
Friday, September 20, 2013
In Missouri, 3 of the 10 veto overrides were on issues of tort reform. Missouri now limits punies in some lead-contamination cases, bars uninsured motorists injured in auto accidents from recovering non-economic damages from insured drivers who were at fault, and shields volunteer health care workers from liability for all but the most egregious conduct. The Bellingham Herald has the story. The article discusses a trend I have noticed lately. The reforms being proposed and adopted tend to be much more discrete and limited than in the past.
Wednesday, September 11, 2013
Oklahoma legislators concluded a five-day special session on Monday. Called by Governor Mary Fallin, the session addressed tort reform in the wake of a June ruling by the state's supreme court that a 2009 tort reform law was unconstitutional. Legislators passed about two dozen bills addressing, among other things, med mal, class actions, and products liability. There were disputes about the certificate of merit requirement and an exemption from liability for manufacturers of "inherently unsafe" products. The San Francisco Chronicle has the story.
Friday, September 6, 2013
Georgia's Senate is considering SB 141, a bill that would replace medical malpractice litigation with a compensation system. The study committee vetting the bill will likely hold 4 or 5 hearings on it. Organizations representing both trial lawyers and physicians are opposed, so enactment seems unlikely. Tom Crawford's Georgia Report has the details.
Wednesday, August 21, 2013
The Oklahoman Speaker of the House has reportedly stated that "it will take 26 to 28 separate bills to reenact the lawsuit reform legislation of 2009." The OK Supreme Court struck down the tort reform bill back in June. More from the Oklahoma Watchdog.
Tuesday, August 13, 2013
Monday, July 29, 2013
Joseph Nixon and the Texas Policy Foundation have posted "Ten Years of Tort Reform in Texas: A Review." The abstract provides:
Ten years of tort reform have provided greater access to health care and helped make Texas the nation’s leading job producer. Indeed, by recognizing the causal connection between economic prosperity and efficient, fair courts, the Texas legislature passed and Governor Rick Perry signed House Bill 4 (HB4)—powerful tort reform legislation that is the foundation of the Texas economic miracle. Yet, despite the awesome economic growth and increased access to health care triggered by HB4, members of the trial bar are still working to overturn this reform. While Texans should stand their ground and rebuff efforts to undo HB4’s successful tort reforms, all Americans should take notice of Texas’s remarkable transformation and look to enact similar reforms in their own states.
Friday, July 26, 2013
In Wednesday's LA Times: "Big-bucks battle shaping up over bid to raise malpractice award limit"
Thursday, July 25, 2013
In 1975, California enacted one of the most influential tort reforms (MICRA), and it included a $250,000 cap on noneconomic damages in med mal cases. The cap was not indexed to inflation and has remained in place for nearly 40 years. There is a movement to get a measure on the 2014 ballot to raise the cap. Starting in September, proponents will attempt to collect the 400,000 signatures of registered voters needed to get the measure on the ballot. KPBS has details.
Friday, July 19, 2013
Oklahoma Governor Mary Fallin is deciding whether to call the legislature into special session in response to the Oklahoma Supreme Court's decision that a 2009 tort reform law was unconstitutional on the grounds it contained more than one subject. OklahomaWatchdog.org has an overview. The Enid News and Eagle has an opinion piece opposing a special session because of its costs to the taxpayers.
Tuesday, July 2, 2013
One of the medical malpractice reforms recently adopted in Florida allows lawyers for health care providers in med mal claims to collect information on private conversations between patients and other health care providers without the patient's consent. Five lawsuits filed yesterday challenge the reform on the grounds that it violates both the state constitution and federal law (HIPAA). The Miami Herald blog has details.
Monday, June 10, 2013
The Oklahoman reports that the Oklahoma Supreme Court ruled that the state's Comprehensive Lawsuit Reform Act of 2009 was unconstitutional under the state constitution. The court found that the statute violated the single-subject rule of the OK state constitution, which requires that each bill only deal with a single subject. Forbes also has a report.
The Times Union reports that the Oklahoma legislature is trying to figure out how to re-enact the provisions of the 2009 act in a manner that comports with the court's ruling.