Pink Sheet is part of the Business Intelligence Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction
UsernamePublicRestriction

PRODUCT LIABILITY BILL MAY LEAVE JOINT & SEVERAL LIABILITY TO STATES

Executive Summary

PRODUCT LIABILITY BILL MAY LEAVE JOINT & SEVERAL LIABILITY TO STATES, if an amendment offered by Republican Reps. Dannemeyer (Calif.), Madigan (Ill.), Whittaker (Kansas,) and Ritter (Pa.) is adopted by the House Commerce Subcommittee. The amendment would eliminate joint liability for noneconomic damages and defer to state law the question of joint liability for economic damages. Only a few states disallow joint liability for economic damages. The minority members of the Energy & Commerce Committee on April 28 unveiled a discussion draft containing amendments to Rep. Richardson's (D-N.M.) product liability bill (HR 1115). Richardson's measure eliminates joint liability for noneconomic damages, such as pain and suffering, but retains it for economic damages. Consequently, a defendant only partially responsible for a claimant's harm can be found fully liable for economic damages under HR 1115, but not fully liable for noneconomic damages ("The Pink Sheet" Feb. 23, T&G-1). A hearing on the Richardson bill before Rep. Florio's (D-N.J.) Commerce Subcommittee is scheduled for May 5. Commerce Department Secretary Malcolm Baldrige, Public Citizen, the Consumer Federation of America, Trial Lawyers of America President Robert Habush, and American Bar Association President John Subak are expected to testify. The subcommittee is said to be considering another amendment that would require that tort cases be divided into distinct segments. When litigation is bifurcated or trifurcated, evidence is limited solely to the question of causation, then turns to the separate question of compensation. The question of punitive damages is also separated from compensatory damages.
Advertisement
Advertisement
UsernamePublicRestriction

Register

PS011845

Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel