Archives: Civil Justice / Model Policies

Archives: Civil Justice / 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 …

  • 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 …

  • Statement of Principles on Philanthropic Freedom image

    Statement of Principles on Philanthropic Freedom

    Statement of Principles on Philanthropic Freedom Philanthropy exemplifies the American ideal of private action in the public interest, demonstrating our faith in the capacity of individual citizens not …

  • Resolution in Opposition to Legislation Regulating Online Advocacy image

    Resolution in Opposition to Legislation Regulating Online Advocacy

    WHEREAS, the First Amendment to the United States Constitution protects the right to the freedom of speech, press, assembly, and petition; WHEREAS, the First Amendment’s preservation of free speech, press, …

  • 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 …

  • Statement of Principles on Commercial Speech image

    Statement of Principles on Commercial Speech

    ALEC recognizes that commercial speech promotes an open society by eliminating arbitrary burdens on speech and is essential for the free flow of information among consumers and private enterprise in …

  • 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 …

  • Resolution Protecting Online Platforms and Services image

    Resolution Protecting Online Platforms and Services

    WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share …

  • 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 …

  • Administrative Procedures Act image

    Administrative Procedures Act

    Section 1. {Short Title} Section 2. {Purpose} a. Rules shall be as simple and clear as possible. They shall achieve legislative goals effectively and efficiently. They shall not impose unnecessary …

  • 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 …

  • Periodic Payment of Judgements Act image

    Periodic Payment of Judgements Act

    Summary The Periodic Payment of Judgements Act modifies the common law rule requiring that judgements be paid as a lump sum. The modifications provided by the Act allow a claimant …

  • 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 …