ATRA SETS PREEMPTIVE PRIORITIES IN STATE LEGISLATURES.Tort reformers plan to move from a primarily defensive to a preemptive pre·emp·tive or pre-emp·tive adj. 1. Of, relating to, or characteristic of preemption. 2. Having or granted by the right of preemption. 3. a. role this year, going beyond the staple of medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. into efforts to cut off lawsuits over obesity before they spread and to ensure broader jury pools on the theory corporations will get a fairer shake of the dice. "Patient access to healthcare, personal injury lawyers strategizing on how to sue the food industry and working toward a fair and balanced "Fair and Balanced" is a trademarked slogan used by American news broadcaster Fox News Channel. The slogan was originally used in conjunction with the phrase "Real Journalism. jury are driving the ATRA ATRA All-Trans Retinoic Acid (aka tretinoin) ATRA American Tort Reform Association ATRA American Therapeutic Recreation Association (Alexandria, VA) ATRA Advanced Transit Association agenda this year," Sherman Joyce, president of the American Tort Reform Association The American Tort Reform Association (ATRA), founded in 1986, is an organization that advocates for "tort reform." Its membership consists of more than 300 businesses, corporations, municipalities, associations, and professional firms. said Feb. 2 in releasing ATRA's state legislative priorities. "Obesity lawsuits are no joke," Joyce said. "The strategy to sue the food industry is being led by the same enterprising lawyers and consumer activists who pioneered the 'regulation through litigation' model against the tobacco industry a decade ago." Legislation has been introduced in several states THAT WOULD WHAT? ATRA also supports legislation patterned on the model Jury Patriotism Act backed by the American Legislative Exchange Council The American Legislative Exchange Council, or ALEC, is a nonpartisan, ideologically conservative [1], non-profit 501(c)(3) membership association of state legislators and private sector policy advocates. , an organization of conservative state legislators. It would abolish most exemptions from jury service and create a "lengthy trial fund" from which to compensate jurors who do not receive their usual salaries or other compensation while serving. Some highlights from ATRA's Civil Justioe Reform Outlook : Alabama: Once again, tort reformers and plaintiffs' lawyers will be fighting for control of the Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a Chief Justice and eight Associate Justices, elected in partisan elections for staggered six year terms. , where the tort reformers have recently made gains but four seats are open this year. ATRA says the contests have heated up since the ouster ouster n. 1) the wrongful dispossession (putting out) of a rightful owner or tenant of real property, forcing the party pushed out of the premises to bring a lawsuit to regain possession. of Chief Justice Roy Moore For the baseball player, see . Roy Moore is a controversial American jurist and politician noted for his refusal, as the elected Chief Justice of the Supreme Court of Alabama, to remove a monument of the Ten Commandments from the courthouse despite orders from a federal court for defying a federal court order to remove his Ten Commandments Ten Commandments or Decalogue [Gr.,=ten words], in the Bible, the summary of divine law given by God to Moses on Mt. Sinai. They have a paramount place in the ethical system in Judaism, Christianity, and Islam. monument. "It is believed the trial lawyers are planning a well funded campaign and are going to put up a 'Ten Commandments' slate of candidates who will claim to be conservative and loyal to Moore and his agenda of posting the Ten Commandments, but in reality are pro-trial lawyer candidates who will advance the trial bar's agenda," warns. California: Topping the agenda of the ATRA-affiliated Civil Justice Association of California is a ballot initiative to set up a strict standing requirement for lawsuits under the state's Unfair Competition Law. As the law now stands, suits can be brought by "private attorneys general" claiming to represent the public even when no consumers or competitors have been harmed and no laws have been broken, ATRA says. Colorado: ATRA affiliates expect action on the proposed Jury Patriotism Act and a Commonsense Consumption Act, aimed at obesity litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Connecticut: The priority is to pass medical malpractice legislation patterned on California's Medical Injury Compensation Reform Act The Medical Injury Compensation Reform Act (MICRA) of 1975 was a California law designed lower medical malpractice premiums for Californians. Parts Micra Consists of the following parts: Delaware: The Health Care Access Coalition will continue to press to medical liability reform, including a $250,000 cap on non-economic damages. Florida: A group called Citizens for A Fair Share has been formed to work for passage of a constitutional amendment limiting plaintiffs' attorneys' contingency fees in medical liability cases to 30 percent of the first $250,000 awarded and 90 percent of the remainder. Backers are hopeful they can collect the 450,000 signatures necessary to get it on the ballot. Georgia: A coalition is expected to press for a broad package of tort reforms dealing with medical malpractice liability in emergency situations, joint liability, contributory negligence contributory negligence In law, behaviour that contributes to one's own injury or loss and fails to meet the standard of prudence that one should observe for one's own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence. , standards for expert witnesses, venue, a cap on non-economic damages and an offer of settlement. Idaho: Jury service reform is seen as likely to receive consideration. Illinois: Tort reformers plan to press for class action reform but are dubious about prospects. Madison County, IL, has been the site of several high-profile nationwide class actions against corporate defendants. An obesity litigation reform bill already has been introduced, but tort reformers are unsure of its prospects. Meanwhile, Democrats are expected to try to pass a "sunshine in litigation" bill aimed at disclosure of settlements in civil cases. Iowa: Legislation may be introduced in the areas of non-economic damages, class action reforms, product liability and jury service. Legislation dealing with punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. may be introduced as well, depending on the outcome of current litigation challenging a veto by Gov. Thomas Vilsack (D) of legislation setting an "actual malice" standard for punitive damages. Kansas: Jury service reform legislation is expected, and tort reformers anticipate plaintiffs' lawyers will try to repeal a $250,000 cap on non-economic damages enacted in 1987. Kentucky: Key legislation in the Senate, SB 1, would amend the constitution to allow for medical liability reform - permitting the General Assembly to limit non-economic damages, provide for a statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. in all actions and require alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce in health-care cases. If the measure is approved, it would go on the November ballot. Louisiana: Tort reformers say Gov. Kathleen Branco (D) has assured them key legislation enacted under Gov. Mike Foster (D) - affecting strict liability, punitive damages and joint liability - will be retained. Maryland: Gov. Bob Ehrlich (R) favors limits on medical liability, but tort reformers are doubtful the Democrat-controlled General Assembly will go along. Jury service could come up, too. Michigan: The Legislature is expected to consider legislation requiring a certificate of merit in medical malpractice cases and allowing doctors to say "I'm sorry" without its being considered an admission of liability. Business and insurance groups are gearing up to fight bills backed by an unusual coalition of the plaintiffs' bar and right-to-life groups that would allow plaintiffs in medical malpractice cases to recover damages reflecting the loss of opportunity to survive or achieve a better result that was proximately prox·i·mate adj. 1. Very near or next, as in space, time, or order. See Synonyms at close. 2. Approximate. [Latin proxim caused by the malpractice. Jury service may come up here, too. Minnesota: Legislators may consider several bills carried over from 2003 that among other things would provide protection for job references and cap non-economic damages in medical malpractice cases at $250,000. Class action legislation is expected, as well. Mississippi: Newly inaugurated Gov. Haley Barbour (R), a former chairman of the National Republican Committee, has promised to make tort reform a centerpiece of his administration. Bills likely to be introduced include caps on non-economic damages, protection for innocent sellers in product liability cases, changes of joinder The union in one lawsuit of multiple parties who have the same rights or against whom rights are claimed as coplaintiffs or codefendants. The combination in one lawsuit of two or more causes of action, or grounds for relief. rules, limits on punitive damages. Jury service reform already has been introduced. Missouri: Following last year's veto by Gov. Bob Holden (D) of SB 280, a comprehensive civil justice bill, tort reformers aim to try again with a measure more narrowly focused on medical malpractice liability. Jury service reform legislation is likely here, too. Nebraska: The state's unicameral unicameral /uni·cam·er·al/ (u?ni-kam´er-al) having only one cavity or compartment. u·ni·cam·er·al adj. Monolocular. unicameral having only one cavity or compartment, e.g. Legislature is expected to consider obesity litigation reform and a jury service bill. Another measure would amend state insurance law affecting aggregate claims for medical malpractice. Nevada: Business groups are working toward a constitutional amendment permitting limits on non-economic damages. New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). : A six-part bill affecting medical malpractice litigation would reform standards for expert witnesses; cap non-economic damages at $250,000; shorten the statute of limitations; limit contingency fees; provide for periodic payment of damages; and provide for pre-litigation medical review panels. New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of : Tort reformers see plaintiffs' lawyers as continuing to dominate the Legislature, but have some hope pressure from business interests worried about liability insurance and medical professionals worried about malpractice rates might bring some change. North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. : Carryover legislation passed by the Senate last year, which may be considered in the House, includes a medical malpractice bill opposed by doctors as it stands now. It contains no caps on damages but would set up a $20 million taxpayer-subsidized insurance plan for physicians. Medical groups want to insert caps and keep them on during conference. Ohio: Two major bills have been carried over from 2003: HB 292 on asbestos litigation, which has passed the House, and SB 80, a comprehensive civil justice reform bill that has passed the Senate. Four seats on the Supreme Court justices will be open in November. Oklahoma: With the recent public disclosure of a letter sent by Sen. Stratton Taylor (D) "inviting his trial lawyer colleagues to file lawsuits in the Sooner state, tort reform has currently become the hot political topic," ATRA reports. The remarks "have changed the dynamics and improved the chances that substantive tort reform will pass. Tort reform advocates in the House and Senate have now indicated a desire to pass a comprehensive bill" modeled after one that passed in Texas in 2003. Pennsylvania: HB 1326, a constitutional amendment allowing the General Assembly to cap punitive damages, awaits Senate action after House passage. If approved, however, the earliest it could get to voters would be 2005. Legislators also are expected to take up a product liability bill protecting innocent sellers as well as obesity litigation reform and creation of an inactive docket for asbestos cases that show no injury as yet. Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. : Tort reformers plan to introduce a series of bills aimed at medical liability and vicarious liability The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Parent and Child, for rental vehicles, among other things. South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. : Two major bills, S. 446 and H. 3744, have been carried over. Among other things, they would cap non-economic and punitive damages and provide builders an "opportunity to cure" construction defects. South Dakota: Medical liability legislation is expected, as is jury service legislation. Tennessee: Introduction of bills on medical liability, obesity litigation and jury service is expected. Virginia: Doctors seek to cap non-economic damages in medical liability cases at $250,000 and impose other limits on liability. Jury service legislation is expected to be introduced. Washington: The Washington Liability Reform Coalition is backing a comprehensive package of bills including damages caps in medical malpractice, as well as legislation affecting obesity litigation and construction defects. Caps would require a constitutional amendment. Meanwhile, as many as three seats on the Supreme Court may be contested. West Virginia: Business groups hope to achieve changes in the areas of third-party bad faith and medical monitoring, as well as a bill to criminalize crim·i·nal·ize tr.v. crim·i·nal·ized, crim·i·nal·iz·ing, crim·i·nal·iz·es 1. To impose a criminal penalty on or for; outlaw. 2. To treat as a criminal. insurance fraud. Jury service reform is possible, too. Wisconsin: Legislators will be taking up a number of bills affecting product liability, expert witness standards in medical liability cases, obesity reform and immunity for owners of campgrounds. Business groups anticipate the plaintiffs' bar will push legislation establishing a private right of action for stray voltage stray voltage accumulation of low voltages in the metalwork of a milking parlor due either to leakage from poor wiring or to poor earthing (grounding) with no outlet for static electricity. Very small voltages cause restlessness and a fall in milk yield. , as well as a measure allowing parents to sue for loss of companionship when an adult child dies. Wyoming: Medical liability limits continue to be a high priority, with the Legislature expected to consider constitutional amendments to allow caps on non-economic damages and establish a medical errors commission. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion