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Joint and several liability
- joint and several: may recover 100% of damages from any liable defendant if others are unable to pay their share
- neither fair or rational
- ATRA supports replacing this by proportionate liability
- moderate approach 1: bar application of joint and several to recover non-economic damages
- moderate approach 2: bar application for defendant responsible for less than a % of harm
- 39 states modified
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Collateral source rule
- evidence of collateral isn't admitted
- 24 states abolished, 2 had reform sunk down as unconstitutional
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Punitive damages
- not compensation for plaintiff but punishment for defendant
- suggested reform 1: establish liability trigger
- suggested reform 2: require clear and convincing evidence
- suggested reform 3: require proportionality so punishment fits offence
- suggested reform 4: enact federal legislation to address multiple punitive damage awards
- 33 states have reformed laws, 1 struck down
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Noneconomic damages
- very difficult to assign dollar value
- ATRA believes that the broad and unguided discretion given to juries is the single greatest contributor to the inequities and inefficiencies of the tort liability system
- 23 modified, 4 struck down
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Prejudgement interest
- many states allow it to compensate for lag and encourage early settlement
- although well intended, practical effect can be inequitable and counter-productive
- can result in overcompensation, hold defendant responsible for delays it may not have caused, impede settlement
- 22 reforms
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Product liability
- meant to compensate persons injured by defective products
- does not send clear signal about how to avoid liability
- can hold manufacturer liable for failure to adopt a certain design or warning even if neither knew nor could have anticipated the risk
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Class action reform
- now considered as a mean for defendant extortion
- in many cases, victimized consumer receives pennies or nearly worthless coupons, while plaintiffs' counsel receives millions in legal fees
- 11 reforms
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Attorney retention sunshine
- in litigation against tobacco, many attorneys were retained to assist in litigation - turns out they billed fake hours and inside dealing
- attorney sunshine legislation requires legislative approval
- 14 reforms
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Appeal bond reform
- some states require post appeal bonds of up to 150% of verdict
- appeal bond waiver limits the size of bond when company is not liquidating its assets or attempting to flee from justice
- 39 adopted
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Jury service reform
- juries have become less & less representative of community
- 20% don't respond, mostly because conditions make it difficult for working Americans to serve on a jury so it disproportionately excludes perspective of many people who understand the complexity of issues at play
- ATRA suggestions:
- eliminate occupation exemptions
- ensure only those who experience true hardship are excused
- provide jurors flexibility in scheduling their service
- protect employees from adverse action at workplace
- establish lengthy trial fund
- 14 states enacted
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