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.


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Model Policies

  • Assumption of Risk Act Final

    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 of responsibility for the injury to plaintiff, the legislature abolished the defense of assumption of the risk. About half of …

  • Notice and Opportunity to Repair Act Final

    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 …

  • Comparative Fault Act Final

    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 deserving plaintiffs are compensated. A key part of this Act is the assessment of the fault of nonparties, which guarantees …

  • Alternative Dispute Resolution Act Final

    Summary The Multi-Door Courthouse Act provides parties to a lawsuit with choices for resolving their dispute that save time and money, when compared to formal court proceedings, by encouraging alternative dispute resolution (ADR) procedures – limited discovery, confidential proceedings, and nonjudicial assistance in evaluating the parties’ claims.

  • Product Liability Act Final

    Product Liability Act Summary The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best practices of the states.  Approximately twenty states have codified their product liability laws; several did so based on the original …

  • Forum Non Conveniens Act Final

    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 is not a legal resident of the United States, if a court of this state, on written motion of a …

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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 …