S.1100 - Lawsuit Reform Act of 1989101st Congress (1989-1990)
|Sponsor:||Sen. McConnell, Mitch [R-KY] (Introduced 06/01/1989)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 06/13/1989 Referred to Subcommittee on Courts and Administrative Practice. (All Actions)|
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Summary: S.1100 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in Senate (06/01/1989)
Lawsuit Reform Act of 1989 - Sets forth uniform national standards regarding liability in tort actions. Preempts and supersedes inconsistent Federal and State laws. Provides for an award of costs and attorney's fees to the prevailing party, with an exception and certain limitations.
Provides that all claims which are subject to the provisions of this Act shall be governed by the principles of comparative responsibility, unless persons acting in concert caused the injury or damage.
Declares that it shall be a complete defense to any civil action under this Act if: (1) the claimant was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such intoxication or influence, the claimant was more than 50 percent responsible for causing the accident which resulted in his harm.
Requires the attorneys to advise each party of the existence and availability of alternative dispute resolution options and to file notice with the court certifying that the clients were so advised.
Requires that damage awards be reduced by any amount received as workers' compensation benefits where the employer or the insurance carrier does not have a lien against the claimant's recovery in a separate action.
Prohibits a non-natural person from bringing a civil action for deprivation of rights, except that an entity whose primary purpose is to protect constitutional rights may bring such action to protect any such right.
Limits the awarding of damages against a local government.