A - ATRA Flashcards
ATRA
Rule of Joint and Several liability.
plaintiff can recover ALL damages from one or multiple wrongdoers, even if that party is only partially at-fault for the loss.
If a plaintiff sues 2 defendants, one 95% responsible, but bankrupt, he may recover 100% of damages from the solvent that is 5% responsible.
ATRA
Explain whether rule of joint are several liability is a fair rule
No it is NOT a fair rule. It fails to equitably distribute liability.
ATRA
2 arguments FOR and 1 AGAINST rule of joint and several liability.
It protects the right of the client to be fully compensated
increase efficiency of legal system by reducing number of trials
Co-defendants are required to pay damages beyond their proportion of fault.
ATRA
Explain Collateral source rule
Rule that prohibits the admission of an evidence that the plaintiff has been compensated from other sources (such as plaintiff’s insurance or WC).
ATRA
1 argument supporting the abolition of Collateral Source Rule.
35% of payments to medical malpractice claimants may be for expenses already paid from other sources.
ATRA
3 reforms that the ATRA proposes to modify J-S LIABILITY
1) Replace with PROPORTIONATE liability
2) Not applying it for NON-PECUNIARY DAMAGES
3) Not applying J-S Liability when co-defendants is responsible for less than a given percentage (such as 25%).
ATRA
4 reforms ATRA proposes to PUNITIVE DAMAGES
1) Establish a LIABILITY TRIGGER that reflects the INTENTIONAL TORT ORIGIN : Actual Malice
2) Require CLEAR AND CONVINCING EVIDENCE to establish punitive damages liability
3) Requiring PROPORTIONALITY in punitive damage
4) Pass federal legislation to address the multiple punitive damages awards.
ATRA
Define PUNITIVE DAMAGES
- Damages awarded NOT TO COMPENSATE
- BUT TO PUNISH intentional or malicious conduct
- and to DETER FUTURE MISCONDUCT
ATRA
Define NON-ECONOMIC DAMAGES
and 4 examples
- damages having no direct economic loss and have no precise value
- Pain and Suffering
- Emotional Distress
- Loss of Companionship
- Other intangible injuries
ATRA
ATRA’s position of non-economic damages
giving juries the discretion of the amount of non-economic loss is the biggest reason to INEQUITIES and INEFFICIENCIES of tort liability system
ATRA
Define Pre-Judgment Interest
- Interest from date of loss to date of judgment.
- Traditionally, interest not available in tort action.
- Many states passed laws allowing pre-judgment interest.
ATRA
3 goals of prejudgment interest.
1 inconvenient of prejudgment interest.
1) to compensate plaintiff fully
2) to encourage early settlement
3) to reduce delays in cases
Can result in over-compensation
ATRA
ATRA’s suggestion for Pre-Judgment interest?
ATRA suggest to review prejudgment interest laws to ensure fairness and foster settlements.
ATRA
2 goals of Product Liability Law.
1) To compensate those injured by defective products
2) to discourage manufacturers from marketing defective products.
ATRA
Explain WHAT WAS and WHAT IS :
CLASS ACTIONS.
1) Was a tool of judicial economy that combined many cases with similarities
2) Now, considered as defendant EXTORTION (without merit where millions of plaintiffs receive pennies, while lawyers receive millions in fees)
ATRA
ATRA suggestion for Class Actions?
ATRA proposes state reform to balance equitably interests of plaintiffs and defendants.
ATRA
Describe
Attorney Retention Sunshine
1 Problem
- When Attorney are hired by govt and get paid millions if they win the case (contingent fee basis)
- Problem is that attorneys are selected with political favoritism and corruption.
- An attorney sunshine legislation requires legislative approval of contingent fee contract.
ATRA
5 reforms ATRA proposes to Jury Service
1) Eliminate exemption due to profession, allowing some jobs to opt-out of jury service
2) Provide more flexibility in schedule
3) Make sure that those experiencing true difficulties are excused from jury service
4) Protect employees from adverse action at work
5) Establish a fund to pay jurors who serve on long trials
ATRA
Explain the issue with Jury Services
Juries are becoming less and less representative of the community
ATRA
Explain what is an Appeal Bond
In many states, defendant have to post an appeal bond (to secure money in order to have the right to appeal) sometimes equal to 150% of a verdict.
ATRA
2 Problem with Appeal Bonds?
1) Billion dollar verdicts are no longer uncommon
2) Appealing can force a company into bankruptcy
ATRA
ATRA’s position on Appeal Bonds?
ATRA supports appeal bond REFORM to limit the size of an appeal bond when company is not trying to flee justice.
ATRA
2 issues that led to recommending reforms of Punitive Damages
1) difficulty of predicting if punitive damages will be awarded by a jury
2) trend towards VERY large amounts of Punitive Damages
ATRA
Define Proportionate Liability
each defendants pay a percentage of damages equal to percentage of fault
