Archive: reform

  • Notice and Opportunity to Repair Act March 15, 2013

    Summary A Claimant filing a Construction Defect suit must provide written notice of each alleged Construction Defect to a Contractor 90 days before a suit is filed and provide the evidence supporting such claim.  Claimants must provide Contractors reasonable access [...]

  • Resolution in Support of Preserving Reasonable Limits on Wrongful Death Actions March 15, 2013

    Summary  This resolution responds to recent attempts in several state legislatures to expand both the scope of damages authorized and the class of claimants permitted to bring claims under wrongful death acts.  These efforts, spearheaded by the personal injury bar [...]

  • Intrastate Forum Shopping Abuse Reform Act March 15, 2013

     Summary Forum shopping has become a significant problem in civil litigation.  Certain counties have become magnets for attracting claims with little or no connection to that county.  The burdens placed on these magnets courts are unfair to the residents of [...]

  • Model Rules Governing Discovery of Electronically Stored Information and Limitations on Waiver of Attorney-Client Privilege and Work Product March 15, 2013

    Model Legislation  Rule 1. {Definitions} In these rules: (A) “Discovery” means the process of providing information in a civil proceeding in the courts of this state pursuant to [insert reference to state rules of civil procedure or these rules]. (B)  [...]

  • Regulatory Class Action Reform Act March 15, 2013

    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 attorneys with personal agendas to act as de facto regulators.  [...]

  • Resolution in Support of Fair Recourse and Effective Deterrence Against Frivolous Claims March 15, 2013

    Summary  This resolution supports efforts to provide victims of frivolous lawsuits with an effective and fair means to seek reimbursement of their legal expenses.  A single frivolous claim can easily cripple an individual or small business.  Changes to the Federal [...]

  • Litigation Accountability Act March 15, 2013

    Summary  This Act sets forth guidelines and procedures for determining when it is appropriate to impose sanctions for frivolous actions. Under the Act, parties who bring unjustified claims will be assessed court costs and attorneys’ fees. Model Legislation  Section 1. [...]

  • Jury Patriotism Act March 15, 2013

    Model Legislation Section 1. {Short Title}  This Act shall be known and may be cited as the [Jury Patriotism Act].  Section 2. {Full Participation on Petit Juries of All Citizens}  It is the policy of this State that all qualified [...]

  • The Promoting ‘Merit’ in Merit Selection Act March 15, 2013

    Section 1. {Selection of Members, Size, Composition and Administration of the Appellate Judicial Commission}  (A) The legislature hereby establishes a Judicial Nominating Commission (hereafter the “Commission”) for the purpose of filling vacancies to the appellate judicial courts by nominating candidates [...]