Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that establishes uniform national standards for product liability lawsuits with respect to dispute resolutions, product seller liability, punitive damages, "several" liability, and other factors related to damages awarded to plaintiffs.

Highlights:

- Allows the court to extend the arbitration period for up to 60 days if the parties are unable to reach a settlement [sec. 201 (d)]. - Specifies that if the plaintiff rejects a settlement and the court awards the plaintiff an amount equal to or more than the offer, then the court may consider the plaintiff's legal/attorney fees and cost when entering a judgment against the defendant [sec. 201 (e)]. - Specifies that if the plaintiff rejects a settlement but the verdict awards the plaintiff an amount equal to less than the offer, then the court may reduce the amount of the verdict to compensate for defendant's attorney/legal fees and costs [sec. 201 (f)]. - Limits punitive damages to cases in which the injuries suffered by the plaintiff are as a result of the defendant's "conscious, flagrant indifference to the safety of those persons who might be harmed by a product" [sec. 303 (a)]. - Prohibits punitive damages from being awarded if the defendant failed to exercise reasonable care in choosing alternative product designs, formulations, instructions, or warning notices [sec. 303 (a)]. - Prohibits punitive damages from being awarded in cases involving drugs, medical devices, or aircrafts that are approved by the Federal Drug Administration or Federal Aviation Administration, unless the defendant withheld from or misrepresented information reported to the FDA or FAA (Sec. 303 (c)). - Requires that noneconomic damages be allocated to each defendant in direct proportion to the defendant's percentage of responsibility for the injuries incurred by the plaintiff (Sec. 306). - Annuls any civil action unless it is filed within two years of the time that the injured party discovered or should have discovered the harm and its cause [sec. 304 (a)]. - Prohibits injured parties from filing a civil action as a result of injuries incurred by workplace products that are more than 25 years old, provided that the injured party received or is eligible for workers' compensation as a result of the hamr caused by the product [sec. 304 (b)]. - Specifies that if the plaintiff is eligible to receive workers compensation for his/her injuries, then the damages awarded in a civil action will be reduced by the amount that he/she received or would be entitled to (Sec. 305). - Prohibits individuals from suing if drug or alcohol intoxication was the primary reason (more than 50 percent responsible) for their injuries (Sec. 307). - Finds that a product seller other than a manufacturer is liable only if [sec. 302 (a)]:

- The seller failed to exercise reasonable care and that was the cause of the plaintiff's injuries; or - The seller made an express warranty and the product failed to conform to the warranty.

Full Bill Text

Full Bill Text

Full Bill Text