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

  • Rational Use of a Product Act Final

    Summary  The ALEC model Rational Use of a Product Act clarifies the law as to when a manufacturer or other seller is subject to liability for injuries stemming from misuse of its products: the alleged injury must result from the reasonable, foreseeable misuse of the product.  The model …

  • Limits on Multiple Punitive Damages Resolution Final

     WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and   WHEREAS, limiting multiple punitive damages awards would open the way for the prompt resolution of claims involving many injured plaintiffs; and WHEREAS, state and lower federal …

  • Prejudgment and Post-Judgment Interest Act Final

    Summary The Model Prejudgment and Post-judgment Interest Act provides for the reform of statutory interest rates for both prejudgment and post-judgment interest. The Act also provides a six month exception to prejudgment interest and a provision encouraging offers of settlement.   Model Policy Section 1. {Short Title} This …

  • Landowners’ Liability Act Final

     Summary The Landowners’ Liability Act encourages landowners to make land and water areas available to the public for educational and recreational purposes by limiting the owners liability toward persons entering thereon for such purposes. The Act provides that owners of land may be compensated for expenditures incurred in …

  • Litigation Accountability Act Final

    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 Policy  Section 1. {Title} This act shall be known and may be cited …

  • Jury Patriotism Act Final

    Model Policy 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 citizens have an obligation to serve on …

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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 …