Archives: Lawsuit Reform / Model Policies

Archives: Lawsuit Reform / Model Policies

  • LIABILITY PROTECTION FOR EMPLOYERS  IN A DECLARED DISASTER OR PUBLIC EMERGENCY ACT image

    LIABILITY PROTECTION FOR EMPLOYERS IN A DECLARED DISASTER OR PUBLIC EMERGENCY ACT

    Section 1. As used in this act, the following words shall have the following meaning: (1) “Guidance” means written guidance related to a declared public emergency that is issued …

  • Expedited Suspension and Legislative Repeal of Harmful Rules Act image

    Expedited Suspension and Legislative Repeal of Harmful Rules Act

    Section 1. Nothing in this act grants any authority to the governor, a state agency, commission, board, or any other state actor to impose or increase regulatory burdens on, or …

  • Emergency Power Reform Act image

    Emergency Power Reform Act

    Section 1. Nothing in this act grants additional emergency powers to the governor or any executive branch official. Section 2. State officials may issue nonbinding recommendations and guidelines, and may …

  • Judicial Deference Reform Act image

    Judicial Deference Reform Act

    Section 1.   In interpreting a state statute, regulation, or other sub-regulatory document, a state court or an officer hearing an administrative action may not defer to a state agency’s …

  • Whistleblower Immunity Act image

    Whistleblower Immunity Act

    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 …

  • Resolution on Protective Orders image

    Resolution on Protective Orders

    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 …

  • Resolution Opposing Unfair Federal Consent Decrees image

    Resolution Opposing Unfair Federal Consent Decrees

    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 …

  • Resolution on Animal Liability and Guardianship image

    Resolution on Animal Liability and Guardianship

    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 …

  • Regulatory Class Action Reform Act image

    Regulatory Class Action Reform Act

    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 …

  • Reliability in Expert Testimony Standards Act image

    Reliability in Expert Testimony Standards Act

    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 …

  • Regulatory Compliance Congruity with Liability Act image

    Regulatory Compliance Congruity with Liability Act

    Regulatory Compliance Congruity with Liability Act Summary State legislatures and Congress have charged certain government agencies with ensuring that products are …

  • Quality Education and Teacher and Principal Protection Act image

    Quality Education and Teacher and Principal Protection Act

    Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of …

  • Transparency in Lawsuits Protection Act image

    Transparency in Lawsuits Protection Act

    Summary On occasion, courts create an “implied” cause of action or a right to sue in regulatory legislation.  The principles for when courts will or will not create these “implied” …

  • Private Attorney Retention Sunshine Act image

    Private Attorney Retention Sunshine Act

    Model Policy Section 1. {Title} This act may be known as the Private Attorney Retention Sunshine Act Section 2. {Definitions} (A) For the purposes of this …

  • Volunteer Immunity and Charitable Organization Liability Limit Act image

    Volunteer Immunity and Charitable Organization Liability Limit Act

    Summary The Act is intended to promote the formation, financial stability, and healthy operation of charitable organizations and to encourage volunteer and charitable organizations by limiting the exposure of organizations …

  • Copycat Product Act image

    Copycat Product Act

    Model Policy [Title, enacting clause, etc.] Section 1. {Liability for damages} (a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type …

  • Assumption of Risk Act image

    Assumption of Risk Act

    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 …

  • Notice and Opportunity to Repair Act image

    Notice and Opportunity to Repair Act

    Summary A Claimant filing a Construction Defect suit must provide written notice of each alleged Construction Defect …

  • Comparative Fault Act image

    Comparative Fault Act

    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 …

  • Alternative Dispute Resolution Act image

    Alternative Dispute Resolution Act

    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, …