Archives: Civil Justice / Model Policies

Archives: Civil Justice / Model Policies (page 2)

  • Quality Education and Teacher and Principal Protection Act image

    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…

  • Resolution Protecting Online Platforms and Services image

    Resolution Protecting Online Platforms and Services

    WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share…

  • Transparency in Lawsuits Protection Act image

    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”…

  • Private Attorney Retention Sunshine Act image

    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…

  • The Fair Notice and Market Stability Act image

    The Fair Notice and Market Stability Act

    Summary  This Act will achieve and sustain a healthy judiciary while ensuring market stability by: requiring that public policy decisions be made in open public proceedings with…

  • Administrative Procedures Act image

    Administrative Procedures Act

    Section 1. {Short Title} Section 2. {Purpose} a. Rules shall be as simple and clear as possible. They shall achieve legislative goals effectively and efficiently. They shall not…

  • Volunteer Immunity and Charitable Organization Liability Limit Act image

    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…

  • Copycat Product Act image

    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…

  • Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries image

    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…

  • Periodic Payment of Judgements Act image

    Periodic Payment of Judgements Act

    Summary The Periodic Payment of Judgements Act modifies the common law rule requiring that judgements be paid as a lump sum. The modifications provided by the Act allow a claimant…

  • Assumption of Risk Act image

    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…

  • Notice and Opportunity to Repair Act image

    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…

  • Comparative Fault Act image

    Comparative Fault Act

    Summary This Act adopts a modified comparative fault system which bars a plaintiff’s recovery whose fault exceeds that of the defendants and nonparties. This ensures that only…

  • Alternative Dispute Resolution Act image

    Alternative Dispute Resolution Act

    Model Legislation Section 1. {Title.} This Act shall be known as and may be cited as the Alternative Dispute Resolution Act. Section 2. {Creation of multi-door courthouse for use of…

  • Product Liability Act image

    Product Liability Act

    Product Liability Act Summary The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best…

  • Forum Non Conveniens Act image

    Forum Non Conveniens Act

    Relating to the lawsuits arising outside or brought by persons who reside outside of [InsertState]. Section 1. {Forum Non Conveniens} (A) With respect to a plaintiff who…

  • Rational Use of a Product Act image

    Rational Use of a Product Act

    Model Policy  {Title, enacting clause, etc.}  Section 1. {Title.} This Act shall be known and may be cited as the Rational Use of a Product Act.  Section 2. {Misuse of…

  • Limits on Multiple Punitive Damages Resolution image

    Limits on Multiple Punitive Damages Resolution

     WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and   WHEREAS, limiting multiple punitive damages awards…

  • Prejudgment and Post-Judgment Interest Act image

    Prejudgment and Post-Judgment Interest Act

    Model Policy Section 1. {Short Title} This Act may be referred to as the Prejudgment and Post-judgment Award Act. Section 2. {Interest on Contracts} (A) Interest on an award of damages…

  • Landowners’ Liability Act image

    Landowners’ Liability Act

    Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Landowners Liability Act. Section 2. {Definitions} In this Act, the following words have the…