Archives: Lawsuit Reform / Model Policies

Archives: Lawsuit Reform / Model Policies

  • 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 …

  • 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 …

  • Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries image

    Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries

    WHEREAS, most states select judges at some level through a form of popular election and many fill interim vacancies through appointments; WHEREAS, state judicial elections have become …

  • 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, …

  • Product Liability Act image

    Product Liability Act

    Product Liability Act Summary The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best …

  • Forum Non Conveniens Act image

    Forum Non Conveniens Act

    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 …

  • Rational Use of a Product Act image

    Rational Use of a Product Act

    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 …

  • Limits on Multiple Punitive Damages Resolution image

    Limits on Multiple Punitive Damages Resolution

     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 …

  • Prejudgment and Post-Judgment Interest Act image

    Prejudgment and Post-Judgment Interest Act

    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 …

  • Landowners’ Liability Act image

    Landowners’ Liability Act

     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 …

  • Litigation Accountability Act image

    Litigation Accountability Act

    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 …

  • Jury Patriotism Act image

    Jury Patriotism Act

    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 …

  • Legal Consumer’s Bill of Rights Act image

    Legal Consumer’s Bill of Rights Act

    Model Policy Section 1.  {Title} This Act shall be called and may be cited as the “[Legal Consumer’s Bill of Rights Act]”. Section …

  • Resolution Opposing Regulation through Litigation image

    Resolution Opposing Regulation through Litigation

    WHEREAS, Congress and the Administration are reducing overregulation that hampers economic growth, deters innovation, and places unnecessary burdens on individuals and businesses. WHEREAS, past experience shows that when some judges …