Archives: Lawsuit Reform / Model Policies
Archives: Lawsuit Reform / Model Policies
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An Act to Prevent Lawsuit Abuse Regarding Ethylene Oxide Emissions
An Act relating to ethylene oxide emissions; creating an exclusive cause of action for ethylene oxide exposure actions; providing that a plaintiff may prevail in an ethylene oxide exposure action…
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Anchors Away Act
Model Policy In the trial of any civil tort action, no party or counsel for a party shall seek or make reference to a specific dollar amount or state a…
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Liability Protection for Employers in a Declared Disaster or Public Emergency Act
Section 1. As used in this act, the following words shall have the following meaning: (1) “Guidance” means written guidance related to a declared public emergency that is issued…
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Expedited Suspension and Legislative Repeal of Harmful Rules Act
Section 1. Nothing in this act grants any authority to the governor, a state agency, commission, board, or any other state actor to impose or increase regulatory burdens on, or…
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Judicial Deference Reform Act
Section 1. In interpreting a state statute, regulation, or other sub-regulatory document, a state court or an officer hearing an administrative action may not defer to a state agency’s…
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Whistleblower Immunity Act
Summary The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who…
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Resolution on Protective Orders
WHEREAS, proposals have been put forth in a number of state legislatures that would make it extremely difficult to maintain the confidentiality of sensitive information (e.g., trade…
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Resolution Opposing Unfair Federal Consent Decrees
PURPOSE: To support policy ensuring that federal consent decrees are narrowly drafted, limited in duration, and respectful of state and local interests and policy judgments. WHEREAS, in…
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Resolution on Animal Liability and Guardianship
WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their…
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Regulatory Class Action Reform Act
Summary Regulatory class actions—in which plaintiff attorneys seek not only to win large monetary awards, but also to regulate the marketplace and manage relations between regulated firms and consumers—empower private…
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Reliability in Expert Testimony Standards Act
Section 1. {Short Title} This Act may be known and cited as the Reliability in Expert Testimony Standards Act. Section 2. {FRE 701: Opinion Testimony by Lay…
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Regulatory Compliance Congruity with Liability Act
Regulatory Compliance Congruity with Liability Act Summary State legislatures and Congress have charged certain government agencies with ensuring that products are…
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Quality Education and Teacher and Principal Protection Act
Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of…
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Transparency in Lawsuits Protection Act
Summary On occasion, courts create an “implied” cause of action or a right to sue in regulatory legislation. The principles for when courts will or will not create these “implied”…
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Private Attorney Retention Sunshine Act
Model Policy Section 1. {Title} This act may be known as the Private Attorney Retention Sunshine Act Section 2. {Definitions} (A) For the purposes of this…
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Volunteer Immunity and Charitable Organization Liability Limit Act
Model Policy Section 1. {Title} This Act shall be known as and may be cited as the Volunteer Immunity and Charitable Organization Liability Limit Act. Section 2. {Legislative finding and declaration…
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Copycat Product Act
Model Policy [Title, enacting clause, etc.] Section 1. {Liability for damages} (a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type…
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Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries
WHEREAS, most states select judges at some level through a form of popular election and many fill interim vacancies through appointments; WHEREAS, state judicial elections have become…
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Assumption of Risk Act
Summary In recent years, courts in some states have held that when the legislature adopted a comparative fault statute, which bases the award to the plaintiff on the defendant’s percentage…
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Notice and Opportunity to Repair Act
By: [State legislator] Referred to: [Committee with original jurisdiction over insurance issues] An Act relating to Construction Defect claims in Dwellings. Legislative declaration: The legislature finds, declares, and determines that…