Key Points
  • Encourage diversity in juries to help moderate lawsuit awards
  • Minimize fraud in asbestos litigation to preserve scarce resources for the injured
  • Fine-tune state consumer protection liability laws so good actors aren’t frivolously punished
  • Align lawsuit award payment with liability
  • Eliminate overpayment in medical liability cases by refocusing on payments made rather than inflated billed rates
  • Create congruity between liability and regulatory systems so the regulated aren’t punished for merely complying with regulations

State legal systems and the liability they exert on businesses and individuals are a disincentive to bad behavior and allow fair players to succeed in the marketplace. When lawsuits inappropriately punish good actors, resources are sucked out of the business economy, away from research & development and job creation.

Lawsuit reform, or tort reform, refocuses litigation on the reasonable reimbursement of injured victims for wrongs committed against them by another’s actions. States with fair and predictable legal systems that promote good business practices and don’t over-punish attract business development and encourage job creation.

Reform should focus on filtering out meritless lawsuits, closing abused loopholes in the law and improving the accuracy of lawsuit awards while preserving the proper incentives to protect consumers.

Publications

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Model Policies

  • LIABILITY PROTECTION FOR EMPLOYERS IN A DECLARED DISASTER OR PUBLIC EMERGENCY ACT Final

    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 by a federal, state, or local government authority including, but not limited to, the United States Health and Human Services …

  • Expedited Suspension and Legislative Repeal of Harmful Rules Act Final

    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 further restrict the liberty of, private parties. The deregulatory actions authorized by this act include the temporary or permanent suspension …

  • Emergency Power Reform Act Draft

    Section 1. Nothing in this act grants additional emergency powers to the governor or any executive branch official. Section 2. State officials may issue nonbinding recommendations and guidelines, and may help coordinate public and private, voluntary action to prevent or respond to an emergency. The exercise of any emergency power …

  • Judicial Deference Reform Act Final

    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 interpretation of it, and must instead interpret its meaning and effect de novo. In actions brought by or against state …

  • Whistleblower Immunity Act Final

    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 come forward to disclose medical providers who practice negligent care. ALEC’s Whistle Blower Immunity Act holds that no person who …

  • Resolution on Protective Orders Final

    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 secrets) produced during the course of discovery or contained in settlement agreements, and WHEREAS, confidentiality plays an important role in …

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Task Forces

Civil Justice

The Civil Justice Task Force and its members are at the forefront of the efforts to restore fairness and predictability …

Press Releases

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