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

+ All Lawsuit Reform Publications

Model Policies

  • Whistleblower Immunity Act – Amendments in PDF Sunset Review

    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 Sunset Review

    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 …

  • Resolution Opposing Unfair Federal Consent Decrees Sunset Review

    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 a growing number of cases involving state and local governments across the nation, consent decrees have become a means by …

  • Resolution on Animal Liability and Guardianship Sunset Review

    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 animals, pet owners and their pets, and animal enterprises including but not limited to those defined in Section 2 of …

  • Regulatory Class Action Reform Act Sunset Review

    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.  Recognizing the threat to democratic principles and public accountability posed …

  • Reliability in Expert Testimony Standards Act Sunset Review

    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 Witnesses} If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences …

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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 …