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

  • Intrastate Forum Shopping Abuse Reform Act Sunset Review

     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 those counties, who are  forced to wait in line behind …

  • Commonsense Consumption Act

    Summary The Commonsense Consumption Act prevents the legislative and regulatory functions of the State of _____ from being usurped by civil lawsuits against a food manufacturer, packer, distributor, carrier, holder, seller, marketer, advertiser or trade association for claims of [actual or potential] injury resulting from weight gain, …

  • Fair Share Act Sunset Review

    Fair Share Act Summary ALEC’s model Fair Share Act provides that each defendant is liable only for damages in direct proportion to that defendant’s responsibility.  The model act also ensures that juries have an opportunity to consider the full picture of the events surrounding an injury when allocating …

  • Full & Fair Noneconomic Damages Act Sunset Review

     Summary Pain and suffering awards are intended to compensate an injured plaintiff for the pain and suffering resulting from an injury caused by the defendant.[1]  They are not intended as punishment for the defendant or to deter future misconduct.[2] Constitutional and statutory controls increasingly have been …

  • Class Actions Improvements Act Sunset Review

    Class Actions Improvements Act Summary This Act makes several revisions to the basic class action statute or rule that has been adopted in some form by most states (i.e., Rule 23 of the Federal Rule of Civil Procedure).[i]  For the most part, the revisions clarify Rule …

  • Asbestos Claims Transparency Act Final

    Asbestos Claims Transparency Act Model Policy Title __ of the [   ] Code is amended by adding Chapter ___ to read as follows: Chapter __.  Claims Involving Asbestos Exposure Section 1. {Short Title}  This chapter may be cited …

+ All Lawsuit Reform Model Policies

Task Forces

Civil Justice

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