ATRA Report Details Current Tort Reform Battles
In recent years, tort reform efforts have achieved some measure of success, particularly in limiting compensatory and punitive damages, in restricting joint and several liability, regulating class actions, and in reforming venue rules which had concentrated mass tort cases in certain "judicial hellholes" or "magic" jurisdictions.
Where are today's tort reform battlegrounds? The American Tort Reform Association has issued a report detailing the plaintiff bar's attempts to roll back tort reform successes, and to expand civil liability. The report is entitled, "Defrocking Tort Deform: Stopping Personal Injury Lawyers From Repealing Existing Tort Reforms And Expanding Rights To Sue In State Legislatures."
The report notes key current issues including:
- Explicitly Authorizing New Types Of Lawsuits
- Setting The Stage For Implied Causes Of Action
- Deputizing/Hiring Private Lawyers To Sue On Behalf Of The State
- Inflating Limitations On Damage Awards
- Broadening The Scope Of Consumer Laws
- Extending Statutes of Limitations/Repose
The report warns that, "Plaintiffs’ lawyers are not only threatening to undo recent progress towards a more stable and predictable civil justice system, but also to expand liability in a drastic
and unprecedented manner. The personal injury bar and its allies are well organized, well funded, and have teamed up with their members and supporters in state legislatures. Rather than play defense, as they have over the past two decades by seeking to overturn rational tort reform measures in the courts, they are now on the offensive with a massive legislative and public relations campaign."
