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Selected Insurance Legislation

American Tort Reform Association

Arkansas

4/30/2009 Arkansas Supreme Court rules that portion of tort reform enacted in 2003 unconstitutional.
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Oklahoma

In May 2009, Governor Brad Henry signed into law comprehensive tort reform legislation. HB 1603 Comprehensive Lawsuit Reform Act of 2009 went into effect 11/1/2009.
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South Carolina

South Carolina Fairness in Civil Justice Act of 2009 (S.350 and H.3489) was introduced in January that would discourage meritless litigation and improve the investment climate in the state. Among other reforms, the legislation would:

  • Create reasonable guidelines for punitive and non-economic damages;
  • Bring accountability to the state’s hiring of trial lawyers to sue industry;
  • Limit the amount of bond that a business must post when appealing a large verdict;
  • Reform state class action laws.

Legislation appears stalled in Senate and House subcommittees.
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Taft Signs Law Limiting Lawsuits Over Lung Damage From Silica

Fewer Ohioans may sue over exposure to dust used in sandblasting, foundries and glassmaking under a law signed Wednesday by Gov. Bob Taft.
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Texas Court Finds That Contractual Ambiguities May Raise Individualized Issues Precluding Class Certification

Late yesterday, a Texas court of appeal granted interlocutory review to reverse a class certification order. Philadelphia America Life Ins. Co. v. Turner, No. 2-03-165-CV, 2004 WL 393155 (Tex. Ct. App. Mar. 4, 2004) (“PALIC”)
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Mississippi Ranked "Worst Legal Climate"

A U.S. Chamber of Commerce report this week on the 10 states with the "worst legal climates" coincides with efforts in Congress and the states to enact lawsuit reform.
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