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

  • Actual Harms Act Final

    Minimizes “no-injury” litigation to reserve state civil justice systems for individuals who have experienced real injuries and actual losses

  • Resolution Regarding Codification of the Judicial Cy Pres Doctrine Final

    Educating state legislators regarding the dangers of judicial misapplication of the cy pres doctrine in the context of class action litigation, encouraging them to resist efforts to mandate use of cy pres in class action cases, and to provide them with the tools to protect the interests …

  • Resolution in Support of Fair Recourse and Effective Deterrence Against Frivolous Claims Final

    PURPOSE: To support policy that allows for fair recourse and effective deterrence againt frivolous claims. WHEREAS, frivolous claims include those that are (1) presented for an improper purpose, such as harassment; (2) are not warranted by existing law or a non-frivolous argument for extending, modifying, or reversing …

  • The Promoting ‘Merit’ in Merit Selection Act Final

    Section 1. {Selection of Members, Size, Composition and Administration of the Appellate Judicial Commission} (A) The legislature hereby establishes a Judicial Nominating Commission (hereafter the “Commission”) for the purpose of filling vacancies to the appellate judicial courts by nominating candidates for appointment by the governor. (B) The Commission shall …

  • The Phantom Damages Elimination Act Final

    Section 1. {Title}.  This Act may be known as the Phantom Damages Elimination Act. Section 2. {Purpose}.  The purpose of this section is to prevent compensatory damage awards for medical expenses from including amounts that the claimant has not and will not pay for such medical care …

  • Resolution Opposing Anti-Indemnity and Anti-Additional Insured Legislation Final

    WHEREAS, a number of state legislatures have passed laws prohibiting standard indemnity and additional insured contract provisions that have been in use for decades WHEREAS, the freedom of contract is among the fundamental liberties guaranteed by the United States Constitution and is an essential element of a free-market economy WHEREAS, …

+ 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 …