Justice Denied: 71 ALEC Bills in 2013 Make It Harder to Hold Corporations Accountable for Causing Injury or Death

From Center for Media and Democracy by Brendan Fischer

As most now acknowledge, CMD has been at the forefront in developing comprehensive data on ALEC model legislation since mid-2011 when a whistleblower provided them with hundreds of ALEC documents.  This article addresses only one of hundreds of issues pursued by ALEC.  It is an important issue to consumers but through lack of media attention and difficult to understand language, most American’s do not know what the term “Tort” means or how “Tort Reform” (as defined by ALEC and their corporate members) impacts their daily lives.  Basically, these laws advanced by ALEC are designed to help lessen responsibility and liabilities of companies and corporations responsible for death, injury or damages caused from faulty products, services or other actions.  These ALEC designed laws are used to limit monetary awards for actual and punitive damages caused as a result of their negligence or product failures.

These “Tort Reform” bills are “designer laws” advanced to protect companies, manufacturers and businesses – not consumers and average American’s as such laws are intended to do.  Below are excerpts from Fischer’s article that include the chart showing the tort laws disseminated by corporations through ALEC…

“For decades, ALEC has been a conduit for the oil, tobacco, and pharmaceutical industries to push legislation that changes the rules to limit accountability when a corporation’s products or actions cause injury or death — such as when a Koch Industries pipeline explodes and kills teenagers, or when the tobacco or pharmaceutical industries withhold evidence that their products are dangerous. In just the first six months of 2013, seventy-one ALEC bills that advance these “tort reform” goals have been introduced in thirty states (see chart below).

“Each of these bills would weaken the legal rights of everyday people who are wrongfully harmed by a corporation or health care provider,” says Joanne Doroshow, Executive Director of the Center for Justice & Democracy, a group that works to protect the civil justice system and fight tort reform. “[The bills] are carefully crafted to provide relief and protections for the industries who wrote them.”

This is one of the ways in which American’s are slowly being stripped of rights and protections…while corporate interests acquire more of each.

To read the full article, click -> HERE <-

ALEC Tort Reform Bills, 2013

State ALEC Bill State Bill
IN Admissibility in Civil Actions of Nonuse of a Seat Belt Act HB 1010
WA Admissibility in Civil Actions of Nonuse of a Seat Belt Act HB 1696
NY Anti-Phishing Act A 1117
IL Asbestos Claims Transparency Act HB 153
LA Asbestos Claims Transparency Act HB 481
OH Asbestos Claims Transparency Act HB 380
WI Asbestos Claims Transparency Act AB 19
UT Asset Forfeiture Process and Private Property Protection Act HB 384
AZ Class Actions Improvements Act SB 1452
OK Class Actions Improvements Act SB 949
NC Commonsense Consumption Act HB 683
RI Comparative Fault Act H 5321
WV Comparative Fault Act SB 450HB 2843
FL Elimination of Double Recoveries Act SB 1134
WV Elimination of Double Recoveries Act SB 176
AL Emergency Care Immunity Act SB 62
NV Emergency Care Immunity Act AB 132
NJ Emergency Care Immunity Act A 3694
SC Emergency Care Immunity Act H 4145
SD Emergency Care Immunity Act HB 1151
WV Emergency Care Immunity Act HB 2285
WV Forum Non Conveniens Act SB 113
KS Full & Fair Noneconomic Damages Act SB 158
NH Full & Fair Noneconomic Damages Act HB 1180
IL Joint and Several Liability Act SB 1974
TN Joint and Several Liability Act SB 56HB 1099
OK Jury Patriotism Act SB 484
CT Noneconomic Damage Awards Act SB 452
MO Noneconomic Damage Awards Act HJR 6
NY Noneconomic Damage Awards Act A 321A 5336
SC Noneconomic Damage Awards Act S 625
MA Notice and Opportunity to Repair Act S 617
OK Prejudgment and Post-Judgment Act HB 1494
RI Prejudgment and Post-Judgment Act HB 5289
OK Private Attorney Retention Sunshine Act HB 1494
AL Product Liability Act HB 617
IL Product Liability Act HB 5808
MO Product Liability Act SB 356
SC Punitive Damages Standards Act S 788
OK Rational Use of a Product Act SB 754
IL Regulatory Compliance Congruity with Liability Act HB 5808
IL Reliability in Expert Testimony Standards Act HB 2221
WV Reliability in Expert Testimony Standards Act SB 113
OK Resolution in Support of Fair Recourse and Effective Deterrence Against Frivolous Claims SB 533
PA Ten-Year Statute of Repose Act SB 446
FL The Common Sense Scientific and Technical Evidence Act SB 1412H 7015
TN The Phantom Damages Elimination Act SB 1184HB 978
WI The Phantom Damages Elimination Act SB 22AB 29
MO The Uninsured Motorist Stipulation of Benefits Act HB 339
GA Trespasser Responsibility Act SB 125HB 270
IL Trespasser Responsibility Act HB 3407HB 2216
IN Trespasser Responsibility Act HB 1502
MS Trespasser Responsibility Act SB 2525HB 1302
NY Trespasser Responsibility Act A 4824
SC Trespasser Responsibility Act HB 788
UT Trespasser Responsibility Act HB 347
VA Trespasser Responsibility Act HB 2285
WV Trespasser Responsibility Act SB 338HB 2582
WY Trespasser Responsibility Act SF 70
WV Volunteer Immunity and Charitable Organization Liability Limit Act HB 2285
OK Workers’ Compensation Fraud Warning Act SB 1062