LAWSUIT REFORM
FOR COMPETITIVE STATE ECONOMIES
A GUIDE FOR STATE LEGISLATORS
Lawsuit Reform for Compeve State Economies: A Guide for State Legislators
©2013 American Legislative Exchange Council
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The American Legislave Exchange Council is the naon’s largest nonparsan, voluntary membership organizaon, comprised of nearly one-third of the country’s state legislators and hundreds of leading businesses and think tanks. The Exchange Council provides a unique opportunity for state lawmakers, business leaders and cizen organizaons from around the country to share experiences and develop state-based, pro-growth models based on academic research, exisng state policy and proven busi-ness pracces.
The Civil Jusce Task Force promotes systemac fairness in the courts through model legislaon that discourages frivolous lawsuits, fairly balances judicial and legislave authority, treats defendants in a consistent manner, and installs accountability in the trial system.
TASK FORCE ON CIVIL JUSTICE
Table of Contents
About the American Legislative Exchange CouncilWhat is Lawsuit ReformUnderstanding the BasicsDamages Reform
Understanding Damages to Understand How to Moderate Them
Eliminating Phantom Damages
Accuracy in Medical Expense Awards
Liability Apportionment
Only Pay Your Fair Share
Judgment Interest
Rationalizing the Interest Charged on Lawsuit Awards
Product Liability Reform
Encouraging Innovation While Protecting Consumers
Regulatory Compliance Defense Reform
Balancing Liability with Regulation
Trespasser Responsibility
Protecting Property Owners from Trespasser Lawsuits
Asbestos Bankruptcy Trusts
Instituting Transparency in Recovery
Transparency in Lawsuits
No New Unintended Lawsuits
Venue Reform
Filing Lawsuits in the Proper County
Expert Evidence Reform
Keeping Junk Science out of State Courts
Class Action Reform
Keeping the Class Action Mechanism on Point
Consumer Protection Statue Reform
Promoting Fairness in Consumer Protection and Business Practices
Jury Reform
Protecting the Representative Jury
Private Attorney Contract Sunshine
Transparency in the State’s Hiring of Private Attorneys
Additional Resources45815202427303338414548515358616569