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Legislative Alert
Civil Justice Reform Outlook
January 2006
Take Action Now!
American Tort Reform Association
1101 Connecticut Avenue, NW ■ Suite 400 ■ Washington, DC 20036
(202) 682-1163 ■ Fax: (202) 682-1022 ■ www.atra.org
CIVIL JUSTICE REFORM OUTLOOK
January 2006
To: ATRA Members and Friends
From: Matt Fullenbaum, Director of Legislation
Emily Roper, Assistant Director of Communications
Re: ATRA’s Civil Justice Reform Outlook, 2006
Attached is the 2006 edition of ATRA’s tort reform Outlook, our compendium
of the civil justice reform
activity expected in the states for 2006. After a flurry of activity from
2003 through 2005, 2006 legislative activity
might seem modest by comparison. A number of states will be in fiscal-only
sessions or will hold no regular
sessions, while the focus in other states will be on elections this fall.
Nevertheless, we do expect a significant level
of reform activity as lawmakers continue to tackle traditional civil justice
reform issues such as medical liability
reform and joint and several liability reform as well as emerging issues
such as the abuse of state consumer
protection laws.
ATRA also believes that a number of states, such as Illinois and South
Carolina, will build off of 2005
successes and push for additional reforms this year. We also expect Oklahoma
to continue to pursue a
comprehensive civil justice reform package similar to what has been enacted
in such states as Mississippi, Missouri,
and Texas.
And while we try to be comprehensive with our Outlook, this document is by
no means meant to be
exhaustive. If you have supplemental information, please do not hesitate to
share it with us.
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ALABAMA
SESSION DATE 01/10/06 – 04/24/06
GOVERNOR: Bob Riley (R) HOUSE 63 D 42 R
RE-ELECTION YEAR: 2006 SENATE 25 D 10 R
Ms. Elizabeth Lawlor
Vice President, Gov’t Affairs
Business Council of Alabama
2 North Jackson Street
P. O. Box 76
Montgomery, Alabama 36101
334-834-6000 Fax # 334-262-7371
Mr. Skip Tucker
Alabama Voters Against Lawsuit
Abuse (AVALA)
P. O. Box 2487
400 S. Union Street
Montgomery, Alabama 36104
800-253-3227 Fax # 334-262-4282
Mr. Larry Vinson
Executive Director
Alabama Civil Justice Reform
Committee
P. O. Box 240757
Montgomery, Alabama 36124
334-260-7970 Fax # 334-272-7128
2005, like 2004, was a quiet year on the legislative front and we expect the
trend to continue in 2006. Early
indications are that the civil justice reform community will focus most of
its energies on races for State Supreme
Court, as five of the nine seats are up for election this November. In the
legislature, we expect civil justice reform
proponents to push a package of bills similar to 2005, including: (1) SB
240/HB 285 – sets post-judgment interest to
the one year constant Treasury yield (current law sets prejudgment interest
at 12 percent per annum); (2) HB 257 –
establishes minimum evidentiary standards for the recovery of noneconomic
(pain and suffering) awards as well as
placing a limit on such awards to three times economic damages; and (3) HB
278 – product liability reform which
provides for innocent seller/distributor protections, a 15 year statute of
repose, and an increased standard for the
award of punitive damages.
ALASKA
SESSION DATE 01/09/06 – 05/09/06
GOVERNOR: Frank Murkowski (R) HOUSE 14 D 26 R
RE-ELECTION YEAR: 2006 SENATE 8 D 12 R
Mr. Jim Jordan
Executive Director
Alaska State Medical Association
4107 Laurel Street
Anchorage, Alaska 99508
907-562-0304 Fax # 907-561-2063
Al Tamagni, Sr.
Alaskans for Liability Reform
520 E. 34th Avenue
Suite 303
Anchorage, Alaska 99503-4116
907-562-3938 Fax # 907-562-1366
No legislative activity reported.
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ARIZONA
SESSION DATE 01/09/06 – 04/22/06
GOVERNOR: Janet Napolitano (D) HOUSE 21 D 39 R
RE-ELECTION YEAR: 2006 SENATE 12 D 18 R
Mr. Scott Peterson
Sr. Vice President, Public Affairs
Arizona Chamber of Commerce
1221 East Osborn Road, Suite 100
Phoenix, Arizona 85014
602-248-9172 Fax # 602-265-1262
Ms. Michelle Bolton
State Director
NFIB/Arizona
3550 North Central Avenue, Suite 1806
Phoenix, AZ 85012
602-263-7690 Fax # 602-263-7790
Mr. Chic Older
Executive Vice President
Arizona Medical Association
810 West Bethany Home Rd.
Phoenix, Arizona 85013
602-246-8901 FAX: 602-242-6283
The medical liability crisis continues to dominate the agenda for civil
justice reform proponents. The reform
community is currently considering whether to pursue a ballot initiative for
November 2006 that would include limits
on noneconomic damages in medical liability cases. They are proceeding with
caution, however, as prior efforts
have failed three times on the ballot.
Readers may also remember that Arizona was among the first states to adopt
ALEC’s Jury Patriotism Act to
encourage more people to participate in the jury system. This year,
legislation has been introduced to modify one of
the key features of the legislation, the lengthy trial fund which provides
additional compensation to those who serve
on long trials, financed by a modest filing fee. The fund has generated a
significant surplus, and rather than lowering
the filing fee, the judiciary has indicated its preference to expand
compensation to more jurors. H.B. 2133 would
make compensation from the lengthy trial fund (up to $300 per day) available
on the sixth day of service, rather than
the eleventh day. It would also eliminate the $100 per day compensation that
is provided from the fourth through
tenth days of service, if the juror serves more than 10 days.
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ARKANSAS
NO REGULAR SESSION
GOVERNOR: Mike Huckabee (R) HOUSE 72 D 28 R
RE-ELECTION YEAR: 2006 SENATE 27 D 8 R
Mr. David Wroten
Executive Vice President
Arkansas Medical Society
P. O. Box 55088
Little Rock, Arkansas 72215-5088
501-224-8967 Fax # 501-224-6489
Mr. Nick Thompson
Committee to Save Arkansas Jobs
425 West Capitol, Suite 1800
Little Rock, Arkansas 72201
501-688-8834 Fax # 501-688-8807
As in 2005, civil justice reform proponents will focus much of their efforts
in 2006 not on legislative efforts,
but on defending the comprehensive reform package that passed during 2003,
House Bill 1038. Personal injury
lawyers and their allies filed an original action before the Arkansas
Supreme Court in 2004, which was dismissed for
lack of jurisdiction. We expect personal injury lawyers to continue to
challenge H.B. 1038 during 2006 by filing
appeals with the Supreme Court from lower court decisions. The judicial
nullification strategy being pursued by the
trial bar highlights the importance of this fall’s election, at which time
three Supreme Court seats are up, one due to
retirement and two in which current justices are running for re-election.
The Supreme Court is considered to be fair
and balanced on civil justice issues, and we expect that reform proponents
will be proactive to ensure that the makeup
of the Court does not tilt toward a personal injury lawyer bias.
______________________________________________________________________________________
CALIFORNIA
SESSION DATE 01/04/06 – 08/31/06
GOVERNOR: Arnold Schwarzenegger (R) HOUSE 48 D 32 R
RE-ELECTION YEAR: 2006 SENATE 25 D 15 R
Mr. John H. Sullivan
President
Civil Justice Association of California
1201 K Street, Suite 1960
Sacramento, California 95814
916-443-4900 Fax # 916-443-4306
Mr. Michael Shaw
Assistant State Director
NFIB/California
455 Capitol Mall, Suite 225
Sacramento, California 95814
916-448-9904 Fax # 916-448-5442
Ms. Shannon Smith-Crowley
Associate Director
California Medical Association
1201 J Street, Suite 200
Sacramento, California 95814-3906
916-444-5552 Fax # 916-444-5689
Civil justice reform proponents expect to engage in a number of defensive
efforts to prevent the trial bar
from expanding for litigation. We expect the trial bar to pursue legislation
to: create private rights of action for
environmental enforcement; expand the role of personal injury lawyers in
labor code enforcement; eliminate
protective orders; and expand securities litigation and anti-trust law.
On the pro-active side, civil justice reform proponents are likely to pursue
legislation in the following areas:
(1) pre-dispute jury waivers – legislation to reinstate the ability to
voluntarily have disputes resolved by a judge
instead of a jury; (2) appeal bond cap – replace the current bonding
requirement of 150 percent with a reasonable
cap; (3) asbestos litigation reform – medical criteria legislation to weed
out unimpaired claims while ensuring that
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those who are truly sick have their day in court. Similar in nature to
legislation enacted in Florida, Georgia, Ohio,
and Texas; (4) judicial efficiency – a comprehensive legislative package
that may include, but is not limited to, such
elements as ALEC’s Jury Patriotism Act, changing post judgment interest to
equal two percent, and permitting the
interlocutory appeal of class action certification; and (5) Americans with
Disabilities Act – legislation to rein in
shakedown lawsuits associated with the ADA.
COLORADO
SESSION DATE 01/11/06 – 05/10/06
GOVERNOR: Bill Owens (R) HOUSE 33 D 32 R
RE-ELECTION YEAR: 2006 SENATE 18 D 17 R
Mr. Jeff Weist
Executive Director
Colorado Civil Justice League
1512 Larimer Street
Denver, Colorado 80202
303-884-0727 Fax # 303-436-1191
Mr. Scott E. Gessler
Colorado Civil Justice League
Hale Hackstaff Tymkovich & Erkenbrack
1430 Wynkoop, Suite 300
Denver, Colorado 80202
720-904-6000 Fax # 720-904-6006
Due to a recent Colorado Supreme Court decision, which held that the common
law open and obvious danger
defense did not survive the enactment of Colorado’s premises liability
statute, civil justice reform advocates plan to
craft compromise legislation that will restore all statutory and most common
law defenses. They also will be
supporting legislation that provides land owners with liability protection
in a coalition with open
access/environmental groups. Additionally, reformers will again be
supporting legislation to strengthen the process
by which experts review claims against licensed professionals prior to
proceeding with a malpractice claim.
CONNECTICUT
SESSION DATE 02/08/06 - 05/03/06
GOVERNOR: M. Jodie Rell (R) HOUSE 99 D 52 R
RE-ELECTION YEAR: 2006 SENATE 24 D 12 R
Mr. Armando Paolino
State Director
NFIB/Connecticut
P. O. Box 942
Middlebury, Connecticut 06762
203-758-8981 Fax # 860-758-2676
Mr. Ken Ferrucci
Director of Government Affairs
Connecticut State Medical Society
160 St. Ronan Street
New Haven, Connecticut 06511
203-865-0587 Fax # 203-865-4997
No legislative activity reported.
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DELAWARE
SESSION DATE 01/10/06 – 06/30/06
GOVERNOR: Ruth Ann Minner (D) HOUSE 15 D 26 R
RE-ELECTION YEAR: 2008 SENATE 13 D 8 R
Mr. Nitin S. Rao
Director, Health Policy
Medical Society of Delaware
131 Continental Drive, Suite 405
Newark, Delaware 19713
302-658-7596 Fax # 302-658-9669
No legislative activity reported.
___________________________________________________________________________________
DISTRICT OF COLUMBIA
ALL YEAR SESSION
MAYOR: Anthony Williams (D) D.C. COUNCIL
RE-ELECTION YEAR: Not seeking reelection. Term expires end of 2006.
Mr. K. Ed Shanbacker
Executive Director
Medical Society of the District of Columbia
2175 K Street, N.W., Suite 200
Washington, D. C. 20037
202-466-1800 Fax # 202-452-1542
2006 marks the second year of Washington D.C. City Council’s two-year
session where any 2005 legislation that
is still active will be considered. Three bills held over from the 2005
session address medical liability reform. The
“Health Care Reform Act of 2005” (B16-0283) would establish reforms similar
to MICRA including placing limits on
nonecomonic damages in medical malpractice cases. The “Medical Malpractice
Reform Act of 2005” (B16-0418)
addresses patient safety and also includes “I’m sorry” language that would
make statements of sympathy, apology, etc. by
medical providers inadmissible as evidence in any medical injury case. The
“Medical Malpractice Insurance Reform
Amendment Act of 2005” (B16-0334) which would provide more regulations for
the medical malpractice insurance
industry.
_________________________________________________________________________________________
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FLORIDA
SESSION DATE 03/07/06 - 05/05/06
GOVERNOR: Jeb Bush (R) HOUSE 36 D 84 R
RE-ELECTION YEAR: Term expires 2006, SENATE 14 D 26 R
is term limited and cannot run for reelection
Mr. Steve Birtman
State Director
NFIB/Florida
110 E. Jefferson Street
Tallahassee, Florida 32301
850-681-0416 Fax # 850-561-6759
Mr. Jeffery Scott
Associate General Counsel
Florida Medical Association
123 South Adams Street
Tallahassee, Florida 32301
850-893-4155 Fax # 850-668-2852
Mr. Barney T. Bishop III
President
Associated Industries of Florida
516 N. Adams Street
Tallahassee, Florida 32301
850-224-7173 Fax # 850-224-6532
Mr. William W. Large
President
Florida Justice Reform Institute
210 South Monroe Street
Tallahassee, Florida 32301-1824
850-222-0170 Fax # 850-222-1098
Florida lawmakers will consider a broad range of civil justice reform bills
during 2006. At the top of the
agenda for civil justice reform advocates is the abolishment of joint and
several liability (H.B. 145, Rep. Don Brown
– R). Other issues that will be considered include: class action reform;
sheriff’s immunity for high speed chases;
vaccine immunity; and appeal bond reform.
___________________________________________________________________________________
GEORGIA
SESSION DATE 01/09/06 – 04/07/06
GOVERNOR: Sonny Perdue (R) HOUSE 81 D 99 R
RE-ELECTION YEAR: 2006 SENATE 22 D 34 R
Mr. Earl Rogers
Senior Vice President, Gov’t Affairs
Georgia Chamber of Commerce
235 Peachtree Street, Suite 900
Atlanta, Georgia 30303-1402
404-223-2267 Fax # 404-223-2290
Ms. Melody Harrison
State Director
NFIB/Georgia
10 Piedmont Center, Suite 115
Atlanta, Georgia 30305
404-876-8516 Fax # 404-876-1253
After last year’s success with comprehensive civil justice reform
legislation (S.B. 3), observers expect 2006
to be a fairly quiet year in regards to new legislation. However,
plaintiffs’ attorneys already have mounted legal
challenges to many of the provisions in S.B. 3 including the venue statute,
the offer of settlement/judgment statute,
and the expert witness rule. Judges in these cases have ruled on both sides
of the issue with some declaring
provisions unconstitutional and others deciding that the very same language
is constitutional. Observers expect the
legal battles regarding last year’s legislation to continue into 2006.
_________________________________________________________________________
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HAWAII
SESSION DATE 01/18/06 - 05/03/06
GOVERNOR: Linda Lingle (R) HOUSE 41 D 10 R
RE-ELECTION YEAR: 2006 SENATE 20 D 5 R
Gary Slovin, Esq.
Coalition to Stop Lawsuit Abuse
Goodsill, Anderson, Quinn & Steifel
1099 Alakea Street, Suite 1800
Honolulu, Hawaii 96813
808-547-5746 Fax # 808-547-5880
Ms. Paula Arcena
Executive Director
Hawaii Medical Association
1360 S. Beretania Street, Suite 200
Honolulu, Hawaii 96814
808-536-7702 Fax # 808-528-2376
The primary issue for Hawaii this year will be medical liability reform.
Observers believe a bill somewhat
along the lines of MICRA will be introduced on behalf of the medical
community. In addition, plaintiffs’ attorneys
are likely to introduce consumer litigation legislation dealing with
anti-trust and unfair and deceptive practice laws.
___________________________________________________________________________________
IDAHO
SESSION DATE 01/09/06 – 03/17/06
GOVERNOR: Dirk Kempthorne (R) HOUSE 13 D 57 R
RE-ELECTION YEAR: 2006 SENATE 7 D 27 R 1 I
Mr. Kenneth R. McClure
Coordinator
Idaho Liability Reform Coalition
601 West Bannock Street
Boise, Idaho 83702
208-388-1200 Fax # 208-388-1300
krm@givenspursley.com
Mr. Robert Seehusen
CEO
Idaho Medical Association
305 West Jefferson
P. O. Box 2668
Boise, Idaho 83701
208-344-7888 Fax # 208-344-7903
Mr. Steve Ahrens
Idaho Association of Commerce
& Industry
P. O. Box 389
Boise, Idaho 83701
208-343-1849 Fax # 208-338-5623
Observers expect 2006 to be a quiet year in Idaho. The only legislation of
note expected to be introduced
this year related to civil justice reform is “I’m sorry” legislation, which
would make statements of sympathy,
apology, etc. by medical providers inadmissible as evidence in any medical
injury.
___________________________________________________________________________________
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ILLINOIS
SESSION DATE 01/11/06 - 04/07/06
GOVERNOR: Rod Blagojevich (D) HOUSE 65 D 53 R
RE-ELECTION YEAR: 2006 SENATE 31 D 27 R 1 Other
Mr. Edward D. Murnane
President
Illinois Civil Justice League
330 N. Wabash, Suite 2800
Chicago, Illinois 60611
312-263-0817 Fax # 312-263-1633
Ms. Suzanne Nelson
Vice President of Government Affairs
Illinois State Medical Society
20 North Michigan Avenue, Suite 700
Chicago, Illinois 60602-4890
312-782-1654 Fax # 312-782-2023
Ms. Kim Clarke Maisch
State Director
NFIB/Illinois
600 South Second Street, Suite 101
Springfield, Illinois 62704
217-523-5471 Fax # 217-523-3850
Success in the 2004 elections helped generate momentum for the civil justice
reform movement in 2005,
resulting in the passage of a medical liability reform bill, SB 475. The
Illinois civil justice system, however,
continues to remain a problem. Cook County emerged in 2005 as the second
worst Judicial Hellholes ® jurisdiction
with Madison and St. Clair Counties coming in at number four and five,
respectively. As a recent study by the
Illinois Civil Justice League noted, rampant venue shopping plagues all
three Hellhole jurisdictions. We expect
lawmakers to focus much of their energy on legislation that provides fair
venue rules for plaintiffs and defendants
alike. Republican lawmakers have introduced venue reform legislation in the
form of S.B. 2896 and H.B. 4979. In
addition, the chairmen of both the House and Senate judiciary committees
have filed venue reform shell bills (H.B.
4897 & S.B. 2842), which refer to a specific section of Illinois statute but
do not have specific language.
Civil justice reform proponents have also introduced legislation that covers
a broad range of reforms,
including: S.B. 2890 / H.B. 4982 – ALEC’s Full and Fair Noneconomic Damages
Act; S.B. 2891 – jury service
reform; S.B. 2892 / H.B. 4983 – expert witness / expert evidence reform; S.B.
2893 / H.B. 4981 – joint and several
liability reform; and S.B. 2894 / H.B. 4984 – asbestos reform.
INDIANA
SESSION DATE 01/04/06 – 03/10/06
GOVERNOR: Mitch Daniels (R) HOUSE 48 D 52 R
RE-ELECTION YEAR: 2008 SENATE 17 D 33 R
Mr. Jason Shelley
State Director
NFIB/Indiana
101 W. Ohio Street, Suite 470
Indianapolis, Indiana 46204
317-638-4447 Fax# 317-638-4450
The General Assembly will consider several pieces of civil justice reform
legislation during the upcoming
session. H.B. 1260 is “I’m sorry” legislation that would make sentiments of
sympathy, apology, etc. by medical
providers inadmissible as evidence in any medical injury. The Senate version
(S.B 0296) of H.B. 1260 was amended
to include an unrelated provision that gives the Attorney General authority
to negotiate the portion of punitive
damage awards that is paid to the state. S.B. 0296 was later amended once
again to remove the “I’m sorry” language,
leaving only provisions related to the Attorney General’s role in
negotiating punitive damages distribution.
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H.B. 1277 also was introduced in 2006 and would require a court to award
attorney’s fees to the prevailing
party in a civil action. The “loser pays” legislation currently is being
considered by the House Judiciary Committee.
Observers say legislation may be introduced to change the manner in which
members of the judicial
nominating committee are selected. However, they say the odds of passing
this piece of legislation are less than 50
percent.
___________________________________________________________________________________
IOWA
SESSION DATE 01/09/06 – 04/19/06
GOVERNOR: Tom Vilsack (D) HOUSE 49 D 51 R
RE-ELECTION YEAR: 2006 SENATE 25 D 25 R
Mr. John R. Gilliland
Vice President, Government Relations
Iowa Coalition for Tort Reform
Iowa Association of Business and Industry
904 Walnut Street, Suite 100
Des Moines, Iowa 50309-3503
515-235-0566 Fax # 515-244-8907
Mr. David Brasher
State Director
NFIB/Iowa
Iowa Coalition for Tort Reform
200 East Grand Avenue, Suite 390
Des Moines, Iowa 50309-1827
515-243-4723 Fax # 515-244-8143
The business community will pursue several pieces of civil justice reform
legislation in 2006 including:
limits on noneconomic, punitive and exemplary damages, medical malpractice
reform; prejudgment interest reform;
obesity litigation reform; and limits on liability for government approved
products. In addition, observers predict
that the Governor and Attorney General likely will push for a statutory
private cause of action for consumer fraud.
Iowa currently is the only state without such a provision.
KANSAS
SESSION DATE 01/09/06 – 05/26/06
GOVERNOR: Kathleen Sebelius (D) HOUSE 42 D 83 R
RE-ELECTION YEAR: 2006 SENATE 10 D 30 R
Mr. Brad Smoot
Coordinator
Kansas Civil Law Forum
800 SW Jackson Street, Suite 808
Topeka, Kansas 66612
785-233-0016 Fax # 785-234-3687
Ms. Marlee Carpenter
Vice President, Government Affairs
Kansas Chamber of Commerce and Industry
835 S. W. Topeka Blvd.
Topeka, Kansas 66612
785-357-6321 Fax # 785-357-4732
The business community will continue to be active during 2006 and is
expected to pursue a robust agenda for
2006 including: collateral source rule reform; appeal bond reform; increased
standards for admitting expert witness
testimony regarding scientific and technical evidence; and silica and
asbestos legislation, which will be similar to
legislation passed in Georgia in 2005.
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KENTUCKY
SESSION DATE 01/03/06 – 04/11/06
GOVERNOR: Ernie Fletcher (R) HOUSE 57 D 43 R
RE-ELECTION YEAR: 2007 SENATE 15 D 22 R 1 Other
Mr. Bill Doll
Tort Reform Association of Kentucky (TRAK)
Jackson & Kelly
P. O. Box 2150
Lexington, Kentucky 40595-2150
606-255-9500 Fax # 606-281-6478
Mr. William Applegate
Executive Vice President
Kentucky Medical Association
4965 US Highway 42, Suite 2000
Louisville, Kentucky 40222-6372
502-426-6200 Fax # 502-426-6877
Governor Ernie Fletcher (R) plans to push a tort reform agenda in 2006
focusing on limiting noneconomic
damages in medical malpractice and other liability lawsuits. The legislation
will most likely take the form of a proposed
constitutional amendment since limiting jury awards is unconstitutional in
the state of Kentucky.
LOUISIANA
SESSION DATE 03/27/06 – 06/19/06
GOVERNOR: Kathleen Blanco (D) HOUSE 68 D 36 R 1 Other
RE-ELECTION YEAR: 2007 SENATE 26 D 13 R
Ms. Jonica Coates
Director, Liability Task Force
Louisiana Association of Business
and Industry
3113 Valley Creek Drive
Baton Rouge, Louisiana 70808
225-928-5388 Fax # 225-929-6054
Kerry Cooley, J.D.
Assistant Director
Louisiana State Medical Society
6767 Perkins Road
Baton Rouge, Louisiana 70808
225-763-8500 Fax # 225-763-9881
Mr. Charles Hodson
State Director
NFIB/Louisiana
2900 West Fork, Suite 200
Baton Rouge, Louisiana 70827
225-298-1225 Fax # 225-298-1226
Due to continued restoration efforts in the aftermath of Hurricane Katrina,
the Legislature is not expected to
consider tort reform legislation during the 2006 session.
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MAINE
SESSION DATE 01/04/06 – 04/19/06
GOVERNOR: John Baldacci (D) HOUSE 75 D 73 R 3 Ind
RE-ELECTION YEAR: 2006 SENATE 19 D 16 R
Mr. Andrew B. MacLean
General Counsel & Director, Government Affairs
Maine Medical Association
P. O. Box 190
Manchester, Maine 04351
207-622-3374 Fax # 207-622-3332
Mr. David R. Clough
State Director
NFIB/Maine
P. O. Box 796
South Freeport, Maine 04078-0796
207-846-5776 Fax # 207-846-6067
2006 marks the second session of the 122nd Maine Legislature, which will
only consider legislative matters
of a fiscal or “emergency” nature. Therefore, little to no legislative
activity is expected in the coming year.
MARYLAND
SESSION DATE 01/11/06 - 04/10/06
GOVERNOR: Bob Ehrlich (R) HOUSE 98 D 43 R
RE-ELECTION YEAR: 2006 SENATE 33 D 14 R
Mr. Ronald W. Wineholt
Vice President, Government Affairs
Maryland Chamber of Commerce
60 West Street. Suite 100
Annapolis, Maryland 21401
410-269-0642 Fax # 410-269-5247
Ms. Ellen Valentino
State Director
NFIB/Maryland
176 Main Street, Suite A
Annapolis, Maryland 21401
410-267-0335 Fax # 410-990-9503
We expect lawmakers in Annapolis to consider a number of substantial reforms
during the 2006 legislative
session including: an appeal bond cap; the restoration of a cap on
noneconomic damages in asbestos cases (the
statutory cap of $650,000 was struck down in 2002 by the Maryland Court of
Appeals in Crane v. Scribner), medical
liability reform, obesity litigation reform, and jury service reform.
Civil justice reform proponents face an uphill battle. Most of the issues on
the agenda this year were
considered during 2005 and were blocked from even receiving floor votes. The
General Assembly is dominated by
trial lawyer interests. The two most powerful lawmakers, Senate President
Mike Miller (D) and House of Delegates
Speaker Michael Busch (D), are generally regarded as unfriendly to business
interests. Governor Bob Ehrlich (R)
has suffered numerous legislative defeats, most recently with anti-business
Democrats leading the override of a veto
of legislation that raises the minimum wage one dollar above the federal
minimum as well as legislation known as the
“Wal-Mart” bill which requires businesses with over 10,000 employees in the
state to spend a specific proportion of
revenue on healthcare for employees.
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MASSACHUSETTS
SESSION DATE 01/04/06 – 01/02/07
GOVERNOR: Mitt Romney (R) HOUSE 138 D 21 R 1 Ind
RE-ELECTION YEAR: 2006 SENATE 34 D 6 R
Mr. Brian Gilmore
Vice President of Public Affairs
Associated Industries of Massachusetts
222 Berkeley Street
Boston, Massachusetts 02117
617-262-1180 Fax # 617-536-6785
Mr. William Vernon
State Director
NFIB/Massachusetts
10 High Street, Suite 401
Boston, Massachusetts 02110
617-482-1327 Fax # 617-482-5286
Charles Alagero
Vice President & General Counsel
Massachusetts Medical Society
860 Winter Street
Waltham, Massachusetts 02451
781-893-4610 Fax # 781-893-3481
Civil justice reform proponents will continue to press for reform of the
Massachussetts Consumer Protection
Act, Chapter 93A of the Massachusetts Code. The need for reform is the
result of a 2004 Massachusetts Supreme
Judicial Court decision, Aspinall v. Philip Morris Cos., 813 N.E.2d 476, 489
(Mass. 2004), in which the court
interpreted Chapter 93A to allow plaintiffs to recover damages in consumer
protection actions even if they were not
actually deceived or injured by the defendant's conduct. The Court's
interpretation suggests that if a business's
advertising is deceptive to anyone, then everyone who purchased the
deceptively advertised product can bring a
lawsuit, regardless of whether they were actually injured.
Moreover, the court in Aspinall suggested that a class action under Chapter
93A could be certified based
upon mere allegations that a product was deceptively advertised. A
legislative remedy, S.B. 919, was introduced last
fall and hearings on the bill are expected in mid-March. Observers believe
reform proponents face an uphill battle,
however, as the legislature is dominated by Democrats sympathetic to the
trial bar.
MICHIGAN
SESSION DATE 01/09/06 – 12/31/06
GOVERNOR: Jennifer Granholm (D) HOUSE 51 D 58 R 1 Ind
RE-ELECTION YEAR: 2007 SENATE 16 D 22 R
Mr. Kevin A. Kelly
Managing Director
Michigan State Medical Society
120 West Saginaw
P. O. Box 950
East Lansing, Michigan 48826
517-336-5742 Fax # 517-337-2490
Mr. Robert B. Dorigo Jones
President
Michigan Lawsuit Abuse Watch (M-LAW)
39555 Orchard Hill Place
Suite 600
Novi, Michigan 48901
248-449-2990 Fax # 734-667-3058
Personal injury lawyers will be on the offensive in 2006, trying to rollback
existing civil justice reform laws
as well as expanding and creating new opportunities for litigation. Trial
lawyers began this effort last year, arguing
that the recall of several FDA-approved drugs merited the legislative repeal
of Michigan’s FDA-defense, which was
implemented as part of the broad product liability law approved in 1995.
Several bills to repeal the FDA defense
have been carried over from 2005 including H.B. 5527 (Edward Gaffney – R),
H.B. 4773 (Dianne Byrum – D), and
H.B. 5071 (Marie Donigan – D). The possible repeal of the 1995 law is
troubling not only because most people
14
believe it is one of the nation’s strongest product liability laws, but also
because, historically, civil justice reform
laws have not been rolled back by the legislature (traditionally, such laws
have been nullified by state supreme
courts). The successful roll back of the Michigan product liability law
would set a bad precedent, which personal
injury lawyers would no doubt try to replicate in other states. Personal
injury lawyers and their allies in the
legislature are also looking to expand opportunities for litigation under
the state’s consumer protection law, and have
carried over H.B. 4981 from 2005 to be considered this year.
__________________________________________________________________________________________
MINNESOTA
SESSION DATE 03/01/06 - 05/19/06
GOVERNOR: Tim Pawlenty (R) HOUSE 66 D 68 R
RE-ELECTION YEAR: 2006 SENATE 35 D 31 R 1 Ind
Mr. Mike Hickey
State Director
NFIB/Minnesota
332 Minnesota Street
Suite E-1316 - FNB Bldg
St. Paul, Minnesota 55101
651-293-1283 Fax # 651-293-0084
Mr. Dave Renner
Director, State and Federal Legislation
Minnesota Medical Association
1300 Godward Street, NE
Suite 2500
Minneapolis, Minnesota 55413
612-378-1875 Fax # 612-378-3875
While we do not expect the introduction of any new civil justice reform
legislation during the 2006 session,
the Legislature will be taking up several bills from the 2005 session that
still are active. H.F. 1845 and S.F.
1733 both pertain to attorneys’ fees and would give the courts more
discretion in determining the reasonableness of
attorneys fees in relations to actual damages awarded. The House version of
the bill also contains offer of judgment
language.
H.F. 1325 and S.F. 1416, class action reform bills, are currently pending in
committees of their house of
origin. Since chairs of both the House and Senate committees are not known
as being friendly to civil justice reform
issues, observers expect to face an uphill battle in getting this
legislation out of committee.
___________________________________________________________________________________
15
MISSISSIPPI
SESSION DATE 01/03/06 – 04/02/06
GOVERNOR: Haley Barbour (R) HOUSE 75 D 47 R
RE-ELECTION YEAR: 2007 SENATE 28 D 24 R
Mr. Lincoln Warren
Mississippi Economic Council
MS State Chamber of Commerce
666 North Street, Suite 104
P. O. Box 23276
Jackson, Mississippi 39225-3272
601-969-0022 Fax # 601-353-0247
Mr. Mark Leggett
Director, Government Affairs
Mississippi Manufacturers
Association
720 N. President Street
Jackson, Mississippi 39202
601-948-1222 Fax # 601-948-1475
Ms. Charmain Thompson
Deputy Director, Government Affairs
Mississippi State Medical Association
P. O. Box 2548
Ridgeland, Mississippi 39158
601-853-6733 Fax # 601-853-6746
Mr. David L. Allen
Mississippians for Economic Progress
P. O. Box 3025
Ridgeland, Mississippi 39158
601-352-6337 Fax # 601-352-7869
In 2005, Governor Haley Barbour (R) expanded the scope of the legislature’s
special session to include
consideration of the Open Lawyer’s Fee Act, legislation based on ALEC’s
Private Attorney Retention Sunshine Act.
The impetus for the call was a $100 million settlement that Mississippi
reached with MCI in which Mississippi used
private attorneys to handle the case. The private attorney representing
Mississippi garnered $14 million in
contingency fees for handling the case. While no action was taken on the
bill during the special session, observers
expect a similar piece of legislation to be introduced during the 2006
session.
16
MISSOURI
SESSION DATE 01/04/06 – 05/26/06
GOVERNOR: Matt Blunt (R) HOUSE 65 D 97 R 1 Other
RE-ELECTION YEAR: 2008 SENATE 11 D 22 R 1 Other
Mr. Jim Kistler
Executive Vice President
Associated Industries of Missouri
P. O. Box 1709
Jefferson City, Missouri 65102
573-634-2246 Fax # 573-634-4406
Mr. Brad Jones
State Director
NFIB/Missouri
308 E. High Street, Suite 110
Jefferson City, Missouri 65101
573-634-7660 Fax # 573-636-7010
Mr. Thomas L. Holloway
Director of Government Relations
Missouri State Medical Association
113 Madison Street
P. O. Box 1028
Jefferson City, Missouri 65102
573-636-5151 Fax # 573-636-8552
Mr. Daniel P. Mehan
President and CEO
Missouri Chamber of Commerce
Missourians for Civil Justice
P O Box 149
Jefferson City, Missouri 65102
573-634-3511 Fax # 573-634-8855
After last year’s passage of comprehensive civil justice reform legislation,
observers expect 2006 to be a
slow year for tort reform legislation. Only a few small bills are
anticipated, pertaining mostly to liability of very
specific groups such as float trip operators.
MONTANA
NO REGULAR SESSION
GOVERNOR: Brian Schweitzer (D) HOUSE 50 D 50 R
RE-ELECTION YEAR: 2008 SENATE 27 D 23 R
Mr. Webb Brown
President and CEO
Montana Chamber of Commerce
P. O. Box 1730
Helena, Montana 59624
406-442-2405 Fax # 406-442-2409
Jacqueline T. Lenmark, Esq.
Director
Montana Liability Coalition
P. O. Box 598
Helena, Montana 59624
406-442-0230 Fax # 406-449-2256
No regular session.
17
NEBRASKA
SESSION DATE 01/04/06 – 04/12/06
GOVERNOR: Dave Heineman (R) UNICAMERAL LEGISLATURE
RE-ELECTION YEAR: 2006 49 INDEPENDENTS
Mr. Ronald J. Sedlacek
General Counsel
Nebraska Chamber of Commerce & Industry
P. O. Box 95128
Lincoln, Nebraska 68509-5128
402-474-4422 Fax # 402-474-5681
2006 should be a quiet year for civil justice reform legislation with a few
exceptions aimed at altering
provisions in the Nebraska Hospital-Medical Liability Act. L.B. 1260 would
remove the limit on damages for
medical malpractice if there was not a “good faith effort to resolve the
case by settlement.” Similarly, L.B. 1163
changes the statute of limitations in the Nebraska Hospital-Medical
Liability Act from 10 years to 20 years.
NEVADA
NO REGULAR SESSION
GOVERNOR: Kenny Guinn (R) HOUSE 26 D 16 R
RE-ELECTION YEAR: 2006 SENATE 9 D 12 R
Mr. Lawrence Matheis
Executive Director
Nevada State Medical Association
3660 Baker Lane, Suite 101
Reno, Nevada 89509
702-825-6788 Fax # 702-825-3202
Mr. George Ross
Vice President
The McMullen Strategic Group
2285 Corporate Circle, Suite 160
Henderson, Nevada 89074
702-992-0332 Fax # 702-992-0333
The legislature will not be in session during 2006. However, civil justice
reform advocates will be making
preparations and developing strategies to pursue legislation during 2007
with respect to obesity litigation reform and
construction defects litigation reform. It is possible that civil justice
reform advocates will also pursue an appeal
bond cap that applies to all defendants.
18
NEW HAMPSHIRE
SESSION DATE 01/04/06 – 06/30/06
GOVERNOR: John Lynch (R) HOUSE 147 D 251 R 2 Other
RE-ELECTION YEAR: 2006 SENATE 8 D 16 R
Mr. Palmer H. Jones
Executive Vice President
New Hampshire Medical Society
7 North State Street
Concord, New Hampshire 03301
603-224-1909 Fax # 603-226-2432
No legislative activity reported.
NEW JERSEY
SESSION DATE 01/11/06 - 01/08/07
GOVERNOR: Jon Corzine (D) ASSEMBLY 47 D 33 R
RE-ELECTION YEAR: 2009 SENATE 21 D 18 R 1 Other
Mr. Vincent A. Maressa
Executive Director
Medical Society of New Jersey
2 Princess Road
Lawrenceville, New Jersey 06648
609-896-1766 Fax # 609-896-0674
Mr. Christine Stearns
New Jersey Business & Industry
Association
102 West State Street
Trenton, New Jersey 08608-1102
609-393-7707 Fax # 609-695-9597
No legislative activity reported.
_________________________________________________________________________
19
NEW MEXICO
The Legislature will convene for a 30-day fiscal session in 2006, during
which time Governor Bill
Richardson (D) will have the power to introduce non-fiscal bills. While
observers say this could open up the
possibility for challenges to existing reforms, they have received no
indication at this time that there is any planned
legislation set for introduction. Otherwise, little to no legislative
activity is expected in 2006 with one potential
exception being a bill to amend the Jury Service Reform legislation from the
2005 session by striking the provision
allowing felons on juries.
NEW YORK
SESSION DATE 01/04/06 – 01/03/07
GOVERNOR: George E. Pataki (R) HOUSE 105 D 45 R
RE-ELECTION YEAR: 2006 SENATE 27 D 34 R
Mr. Mark Alesse
New Yorkers for Civil Justice Reform
NFIB/New York
One Commerce Plaza, Suite 1119
Albany, New York 12260
518-434-1262 Fax# 518-426-8799
As we have indicated in previous years, New York state politics is dominated
by the trial bar, particularly in
the Assembly where personal injury lawyer Sheldon Silver (D) serves as
Speaker. The political climate makes it
very difficult to pass civil justice reform legislation.
Nevertheless, tort reform advocates have had legislation introduced to at
least put civil justice reform issues
before lawmakers: S. 3823 / A. 2946 - eliminates strict liability for
contractors who provide safe work places, bars
recovery for injuries caused mainly by plaintiff’s own negligence, job
reference liability protections, eliminates
vicarious liability for automobile leasing companies, and provides for
product liability reform; S. 1533 / A. 269 –
Adopts a 10 year statute of repose; S. 4189 – Eliminates joint and several
liability in most cases; S. 4191 – Limits
noneconomic damages to $250,000, requires certificate of merit and a list of
all expert witnesses, and reduces the
threshold for periodic payments to $50,000.
Personal injury lawyers are also expected to pursue a robust agenda, which
will require civil justice reform
SESSION DATE 01/17/06 - 02/16/06
GOVERNOR: Bill Richardson (D) HOUSE 42 D 28 R
RE-ELECTION YEAR: 2006 SENATE 24 D 18 R
Mr. John Carey
President
Association of Commerce & Industry
of New Mexico
P. O. Box 9706
Albuquerque, New Mexico 87119
505-842-0644 Fax # 505-842-0734
Mr. Randy Marshall
Executive Director
New Mexico State Medical Society
7770 Jefferson Street, N. E.
Albuquerque, New Mexico 87109
505-828-0237 Fax # 505-828-0336
Ms. Barbara Bruin
Director
New Mexico Alliance for Legal
Reform
P.O. Box 7576
Albuquerque, New Mexico 87194
505-710-1661 Fax # 505-842-8536
20
advocates to focus much of their energies on the following defensive
efforts: S. 1066 / A. 7513 – Eliminates the use
of protective orders to keep discovery materials confidential; S. 320 –
Repeals the sliding scale limit on contingency
fees in medical, dental, and podiatric cases; S. 54 – Amends state law to
allow an award in wrongful death lawsuits to
include compensation for noneconomic damages identified as grief, anguish,
and loss of love, support,
companionship, nurture and guidance.
NORTH CAROLINA
SESSION DATE 05/09/06 – 07/26/06
GOVERNOR: Mike Easley (D) HOUSE 62 D 57 R 1 Other
RE-ELECTION YEAR: 2008 SENATE 29 D 21 R
Mr. John B. McMillan
North Carolinians for Lawsuit Abuse
Manning Fulton & Skinner
P. O. Box 20389
Raleigh, North Carolina 27619-0389
919-787-8880 Fax # 919-787-8902
Mr. Steve Keene
Deputy Executive Vice President
North Carolina Medical Society
P. O. Box 27167
Raleigh, North Carolina 27611
919-833-3836 Fax # 919-833-2023
No legislative activity reported.
NORTH DAKOTA
NO REGULAR SESSION
GOVERNOR: John Hoeven (R) HOUSE 27 D 67 R
RE-ELECTION YEAR: 2008 SENATE 15 D 32 R
Mr. David Peske
Director of Government Relations
North Dakota Medical Association
P. O. Box 1198
Bismarck, North Dakota 58502-1198
701-223-9475 Fax # 701-223-9476
No regular session.
21
OHIO
SESSION DATE 01/03/06 – 12/31/06
GOVERNOR: Robert Taft (R) HOUSE 39 D 60 R
RE-ELECTION YEAR: 2006 SENATE 11 D 22 R
Anthonio C. Fiore, Esq.
Ohio Alliance for Civil Justice
Ohio Chamber of Commerce
230 East Town Street
Columbus, Ohio 43215
614-228-4201 Fax # 614-228-6403
Mr. Ty Pine
Ohio Alliance for Civil Justice
NFIB/Ohio
10 West Broad Street, Ste 2450
Columbus, Ohio 43215
614-221-4107 Fax # 614-221-8677
Mr. Tim Maglione
Ohio Alliance for Civil Justice
Ohio State Medical Association
3401 Mill Run Drive
Hilliard, Ohio 43026
614-527-6746 Fax # 614-527-6763
Given the tremendous amount of civil justice reforms enacted during 2003 and
2004, we expect 2006, like
2005, to be a very quiet year in the legislature. Civil justice reform
advocates are monitoring the Ohio Academy of
Trial Lawyers, which has been actively seeking cases that are ideally suited
to challenge the constitutionality of the
limits on noneconomic damages as well as punitive damages. Finally, on the
electoral side, there are two seats on the
Ohio Supreme Court up for election this November.
OKLAHOMA
SESSION DATE 02/06/06 – 05/26/06
GOVERNOR: Brad Henry (D) HOUSE 44 D 57 R
RE-ELECTION YEAR: 2006 SENATE 26 D 22 R
Mr. Mike Seney
Senior Vice President, Operations
Oklahoma State Chambers
330 N.E. 10th Street
Oklahoma City, Oklahoma 73104-3220
405-235-3669 Fax # 405-235-3670
Mr. Steve Wilkerson
State Director
NFIB/Oklahoma
525 Central Park Drive, Suite 200
Oklahoma City, Oklahoma 73105
405-521-8967 Fax # 405-528-1462
Civil justice reform proponents are once again expected to pursue a
comprehensive tort reform package.
Provisions are likely to include: a 10 year statute of repose; elimination
of joint and several liability; class action
reform; increased standard for the admissibility of expert witness/evidence;
collateral source rule reform; a $350,000
limit on noneconomic damages; medical liability reform; product liability
reform including the FDA defense for
pharmaceuticals; and asbestos liability reform. Governor Henry has publicly
tried to position himself as an advocate
of tort reform, but this public posturing has failed to mask his lack of
leadership and support of meaningful and
comprehensive legislation, as evidenced by his signing of watered down and
inadequate legislation in 2004. The real
battle to pass legislation remains in the Senate, where Democrats
sympathetic to the trial bar hold a slim majority.
22
OREGON
NO REGULAR SESSION
GOVERNOR: Ted Kulongoski (D) HOUSE 27 D 33 R
RE-ELECTION YEAR: 2006 SENATE 18 D 12 R
Mr. James Wilson
State Director
NFIB/Oregon
1320 Capitol Street
Salem, Oregon 97303
503-364-4450 Fax # 503-363-5814
Mr. Kevin L. Mannix
Director
Oregon Tort Reform Coalition
2009 State Street
Salem, Oregon 97301
503-364-1913 Fax # 503-362-0501
There is no regular session in 2006.
__________________________________________________________________________________________
PENNSYLVANIA
SESSION DATE 01/03/06 – 11/30/06
GOVERNOR: Ed Rendell (D) HOUSE 93 D 110 R
RE-ELECTION YEAR: 2006 SENATE 19 D 29 R 2 Other
Mr. David J. Thompson
Assistant Director, Legislative
Affairs
Pennsylvania Medical Society
P. O. Box 8820
Harrisburg, Pennsylvania 17105
717-558-7750 Fax # 717-558-7841
Mr. James D. Welty
Pennsylvania Civil Justice Coalition
Pennsylvania State Chambers
417 Walnut Street
Harrisburg, Pennsylvania 17101
717-255-3252 Fax # 717-255-3298
In July 2005, the Pennsylvania Commonwealth Court ruled that the Fair Share
Act, which established
proportionate liability, was unconstitutional because it violated the single
subject rule of the state’s constitution. As a
result, both a House and Senate bill are being introduced in the 2006
session in an effort to re-establish the Fair Share
Act. S.B. 435 would eliminate joint and several liability in cases where the
defendant is found to be less than 60
percent responsible and replaces it with proportionate liability. H.B. 138
is similar legislation.
23
RHODE ISLAND
SESSION DATE 01/03/06 – 06/26/06
GOVERNOR: Don Carcieri (R) HOUSE 59 D 16 R
RE-ELECTION YEAR: 2006 SENATE 33 D 5 R
Mr. Paul DeRoche
Rhode Islanders for Lawsuit Reform
Providence Chamber of Commerce
30 Exchange Terrace
Providence, Rhode Island 02903
401-621-6106 Fax # 401-751-2434
Mr. Stephen DeToy
Director of Public Affairs
Rhode Island Medical Society
235 Promenade Street, Suite 500
Providence, Rhode Island 02903
401-331-3207 Fax # 401-751-8050
Mr. Terrance S. Martiesian
State Director
NFIB/Rhode Island
159 Elmgrove Avenue
Providence, Rhode Island 02906
401-421-8676 Fax # 401-421-3924
The business community plans to pursue a robust civil justice reform agenda
in 2006 including: pre- and post
judgment interest reform; joint and several liability reform; comprehensive
medical liability reform; obesity litigation
reform; and consumer protection reform.
The Rhode Island Association of Trial Lawyers is extremely active in the
state and is expected to introduce
its own medical malpractice bill as well as bills relating to secret
settlement prohibition and the expansion of the
quiet enjoyment of life act.
___________________________________________________________________________________
SOUTH CAROLINA
SESSION DATE 01/10/06 – 06/01/06
GOVERNOR: Mark Sanford (R) HOUSE 49 D 74 R 1 Other
RE-ELECTION YEAR: 2006 SENATE 20 D 26 R
Mr. Cam Crawford
Executive Director
South Carolina Civil Justice Coalition
PO Box 12586
Columbia, SC 29211
803-771-0008 Fax # 803-771-4272
Otis B. Rawl, Jr.
Vice President, Public Policy
South Carolina Chamber of Commerce
1201 Main Street, Suite 1810
Columbia, South Carolina 29201
803-799-4601 Fax # 803-779-6043
We expect civil justice reform advocates to pursue a broad agenda in 2006
including; limiting damages;
appeal bond caps; and worker’s compensation. The House and Senate already
have introduced bills for each of these
issues. S. 926 and H. 4154 are bills that would limit noneconomic damages to
$350,000 and punitive damages to
$350,000 or three times economic damages, whichever is less. S.971 and H.
4363 would cap appeal bonds at $10
million or 50 percent of the defendant’s net worth, whichever is less.
Finally, both the House (H. 4427) and Senate
(S. 1035) have recently introduced worker’s compensation bills. Observers
say obesity litigation reform legislation
also may be brought up during the upcoming session.
24
SOUTH DAKOTA
SESSION DATE 01/10/06 - 03/13/06
GOVERNOR: Mike Rounds (R) HOUSE 18 D 52 R
RE-ELECTION YEAR: 2006 SENATE 09 D 26 R
Mr. L. Paul Jensen
Chief Executive Officer
South Dakota State Medical Association
1323 South Minnesota Avenue
Sioux Falls, South Dakota 57105
605-336-1965 Fax # 605-336-0270
No legislative activity reported.
TENNESSEE
SESSION DATE 01/10/06 – 05/26/06
GOVERNOR: Phil Bredesen (D) HOUSE 53 D 46 R
RE-ELECTION YEAR: 2006 SENATE 16 D 17 R
Roland Myers, III
Director, Government Relations
Tennessee Association of Business
611 Commerce Street, Suite 3030
Nashville, Tennessee 37203
615-256-5141 Fax # 615-256-6726
The medical community plans to pursue a civil justice reform agenda aimed at
passing legislation similar to
the MICRA style reforms enacted in California.
25
TEXAS
NO REGULAR SESSION
GOVERNOR: Rick Perry (R) HOUSE 63 D 87 R
RE-ELECTION YEAR: 2006 SENATE 12 D 19 R
The Honorable Ralph Wayne
President
Texas Civil Justice League
401 West 15th Street, Suite 975
Austin, Texas 78701
512-320-0474 Fax # 512-474-4334
Mr. Jeff Clark
State Director
NFIB/Texas
1201 Rio Grande, Suite 100
Austin, Texas 78701
512-476-9847 Fax # 512-478-6422
No regular session.
UTAH
SESSION DATE 01/16/06 – 03/01/06
GOVERNOR: John M. Huntsman, Jr. (R) HOUSE 19 D 56 R
RE-ELECTION YEAR: 2008 SENATE 8 D 21 R
Ms. Val J. Bateman
Deputy Executive Vice President
Utah Medical Association
540 East 500 South
Salt Lake City, Utah 84102
801-355-7477 Fax # 801-532-1550
No legislative activity reported.
26
VERMONT
SESSION DATE 01/03/06 – 04/18/06
GOVERNOR: Jim Douglas (R) HOUSE 83 D 60 R 1 Ind 6 Progressive
RE-ELECTION YEAR: 2006 SENATE 21 D 9 R
Ms. Shawn S. Banfield
State Director
NFIB/Vermont
26 State Street
Montpelier, Vermont 05601
802-223-1197 Fax # 802-223-1408
Ms. Sandra Dragon
President
Associated Industries of Vermont
P. O. Box 630
Montpelier, Vermont 05601
802-223-3441 Fax # 802-223-2345
Medical liability reform will be an area of focus for the 2006 session.
Potential legislation includes a $250,000
limit on noneconomic damages and an “I’m sorry” bill, which would make
statements of sympathy, apology, etc. by
medical providers inadmissible as evidence in any medical injury.
VIRGINIA
SESSION DATE 01/11/06 – 03/11/06
GOVERNOR: Tim Kaine (D) HOUSE 34 D 64 R 2 Ind
RE-ELECTION YEAR: 2009 SENATE 17 D 23 R
Ms. Ann Hughes
Director, Legislative Affairs
Medical Society of Virginia
4205 Dover Road
Richmond, Virginia 23221
804-353-2721 Fax # 804-355-6189
Mr. Charles Duvall
Virginians for Law Reform
Lindl Corporation
P. O. Box 170
Richmond, Virginia 23218
804-644-7884 Fax # 804-644-7886
Mr. Gordon Dixon
State Director
NFIB/Virginia
108 North 8th Street
Richmond, Virginia 23219
804-377-3661 Fax # 804-377-3663
Observers expect 2006 to be a fairly quiet year in Virginia. The only
legislation of note is HB 807, which
increase standards for the admissibility of expert testimony/evidence.
27
WASHINGTON
SESSION DATE 01/09/06 – 03/17/06
GOVERNOR: Christine Gregoire HOUSE 54 D 42 R
RE-ELECTION YEAR: 2008 SENATE 26 D 23 R
Mr. Cliff Webster
Chairman
Washington Liability Reform Coalition
701 Fifth Avenue, Suite 3600
Seattle, Washington 98104
206-622-8020 Fax # 206-467-8215
Ms. Dana Childers
Executive Director
Washington Liability Reform Coalition
2033 Sixth Avenue, Suite 1100
Seattle, Washington 98121
425-868-2698 Fax # 425-868-8427
Observers expected several pieces of civil justice reform legislation to be
introduced in the upcoming session
including: joint and several liability reform; caps on attorneys’ fees; jury
service reform; consumer protection reform;
and seat belt defense. Additionally, the civil justice reform community
plans to pursue a partial restoration of
sovereign immunity for state and local governments.
The trial bar also is expected to pursue several pieces of legislation
including: an expansion of wrongful
death statutes and the consumer protection act.
WEST VIRGINIA
SESSION DATE 01/11/06 – 03/13/06
GOVERNOR: Joe Manshin III (D) HOUSE 68 D 32 R
RE-ELECTION YEAR: 2008 SENATE 21 D 13 R
Mr. George Carenbauer
West Virginia Alliance for Civil Justice
Steptoe & Johnson
707 Virginia Street, East
P. O. Box 1588
Charleston, West Virginia 25326
304-353-8130 Fax # 304-353-8180
Mr. Steve Roberts
West Virginia Alliance for Civil Justice
West Virginia Chamber of Commerce
P. O. Box 2789
Charleston, West Virginia 25330-2789
304-342-1115 Fax # 304-342-1130
Civil justice reform advocates are expected to continue to push for broad
reforms during 2006. We expect a
medical criteria asbestos reform bill to be introduced that is similar in
nature to what has been adopted in Florida,
Georgia, and Texas. Appeal bond reform is also expected to be considered
this year. In addition, we expect bills to
be considered that would limit damages, reform the collateral source rule,
and increase standards for admitting expert
witness testimony and expert evidence.
28
WISCONSIN
SESSION DATE 01/17/06 – 05/18/06
GOVERNOR: James Doyle (D) HOUSE 39 D 60 R
RE-ELECTION YEAR: 2006 SENATE 14 D 19 R
Mr. Bill G. Smith
Wisconsin Civil Justice Coalition
NFIB/Wisconsin
10 East Doty Street, Suite 201
Madison, Wisconsin 53703
608-255-6083 Fax # 608-255-4909
Mr. Mark L. Adams
Vice President & General Counsel
State Medical Society of Wisconsin
P. O. Box 1109
Madison, Wisconsin 53701-1109
608-442-3800 Fax # 608-442-3802
Last summer, the Wisconsin Supreme Court rendered several decision which has
sparked more civil justice
reform activity at any time since 1995. In a series of rulings, the Court
nullified the limit on noneconomic damages
in medical liability cases and embraced a novel theory related to risk
contribution in a lead paint case which has
serious implications for those involved in manufacturing, selling, and
distributing products.
The legislature has considered or will consider the following bills: S.B. 58
- products liability legislation that
was vetoed by Governor Doyle in early January. We expect an override attempt
this year; A.B. 766 - legislation to
restore the limit on noneconomic damages in medical liability cases was
approved by the legislature and vetoed by
Governor Doyle. An override vote failed on January 19. We expect medical
liability reform proponents to continue
to push for meaningful reforms this year; A.B. 764 - collateral source rule
reform that was vetoed in December 2005.
We expect lawmaker to attempt an override this year; S.B. 70 - legislation
to increase the standards for admitting
expert witness/evidence, was vetoed by Governor Doyle in early January.
Lawmakers are expected to attempt an
override this year; S.B. 402 - passed by the legislature in response to lead
paint case which embraced a novel concept
of risk contribution in product liability cases. The bill would reestablish
traditional product liability law by
specifying that a plaintiff must prove that the product that caused the
plaintiff's injury was actually manufactured,
distributed, or sold by the defendant. Governor Doyle vetoed the legislation
in early January. An override attempt is
expected; S.B. 447 - raises the standard for recovery of punitive damages.
The bill is pending before the Senate
Judiciary Committee; S.B. 161/A.B. 338 - obesity litigation reform
legislation modeled after ALEC's Commonsense
Consumption Act.
29
WYOMING
SESSION DATE 02/11/06 – 03/10/06
GOVERNOR: Dave Freudenthal (D) HOUSE 17 D 43 R
RE-ELECTION YEAR: 2006 SENATE 7 D 23 R
Mr. Jay Schaefer
Wyoming Coalition for Legal Reform
Mountain West Farm Bureau
Mutual Insurance Companies
406 South 21st Street
Laramie, Wyoming 82070
307-721-7721 Fax # 307-721-7744
Ms. Susie Pouliot
Interim Director
Wyoming Coalition for Legal Reform
Wyoming Medical Society
P. O. Box 4009
Cheyenne, Wyoming 82003
307-635-2424 Fax # 307-632-1973
No legislative activity reported.
Editor's Notes: This publication provides information about elections in
various states as reported by our sources. The American
Tort Reform Association (ATRA) does not endorse or oppose any candidate for
elected office, including the Judiciary
Prepared by: Matt Fullenbaum, Director of Legislation
Emily Roper, Assistant Director of Communications
American Tort Reform Association
1101 Connecticut Avenue, NW
Suite 400
Washington, DC 20036
(202) 682-1163
|
