Legislative Priorities

Listed below are LRANY’s Legislative Priorities, these can also be viewed in our Informational Bi-Fold.

Affirmative Priorities

Trespasser Responsibility (S.5091/A.7590)

  • Protects property owners from lawsuits by trespassers
  • New York is one of only two states where a trespasser can sue a property owner for injuries sustained while trespassing

Scaffold Law (A.2835)

  • Reforms “Scaffold Law” which imposes absolute liability on employers even if the injured party is intoxicated, violating safety standards, or committing a criminal act
  • Ensures employers’ right to due process

Expert Witness Equality

  • Require plaintiffs to disclose experts 60 days prior to trial, just as defendants do
  • Nothing prevents frivolous lawsuits more than having to prove your case prior to trial

Non-Economic Damage Caps (A.3444)

  • Ensures plaintiffs are fully compensated for the cost of their injuries but limits subjective “pain and suffering” judgments to $250,000
  • Multi-million dollar “jackpot justice” awards encourage frivolous lawsuits

Fair Share Liability

  • Amend current law to ensure all parties are responsible for their share of liability
  • Under current law, a defendant who is 1% responsible can pay 100% of the judgment


  • Create a strong standard for discovery of electronic documents
  • Excessive electronic discovery requests cost businesses and force defendants to settle

Appeal Bond Cap (S.5108/A.7457)

  • Limits appeal bonds to $50 million or the judgment amount, whichever is less
  • Allows defendants to afford the cost of appeal in high dollar cases

Contingency Fee Schedule (A.1558)

  • Requires that attorneys’ fees are paid on a sliding scale, rather than a flat 33%
  • Provides greater recovery to victims and their families

Interest on Judgments (S.3751)

  • Reduces New York’s interest rates on judgments from 9% to the federal funds rate
  • Current system pressures defendants to settle meritless lawsuits rather than pay spiraling judgment costs

Attorney General Sunshine

  • Require the Attorney General to disclose the use of retained counsel
  • Ensures that conflicts of interest do not arise when the state contracts for legal services

Lawsuit Lending

  • Prohibit third-party lenders from fronting money to private plaintiffs engaged in pending litigation
  • The excessive interest rates accrued on lawsuit loans can encourage lawsuit abuse and prolong the settlement process, which benefits the lender, not the victim

Professional Malpractice

  •  Reduce and make a uniform 2.5 year statute of limitations for all professionals
  • Creates equality and consistency among various victims

Defensive Priorities

Martin Act Expansion (S.4497/A.6060)

  • *OPPOSE legislation that gives private attorneys the extraordinary and extremely broad powers of the Attorney General in matters of financial fraud


  • *OPPOSE legislation calling for discovery of stored  electronic information prior to filing a note of issue

Medical Malpractice Fee Schedule (S.2541)

  • *OPPOSE legislation to  eliminate the current attorney fee schedule applicable to medical malpractice  actions

Medical Malpractice Statute of Limitations (S.5242/A.4852)

  • *OPPOSE the extension of the statute from 2.5 years to 3 years

Medical Malpractice Ex-Parte Interview

  • *OPPOSE reversal of a court decision currently   permitting informal interviews of later treating physicians

Wrongful Death (S.2540/A.4851)

  • *OPPOSE legislation which would allow damages for subjective and speculative losses, encouraging “jackpot justice”.  Current law adequately compensates victims.

Qui Tam (S.1848/A.4801)

  • *OPPOSE  pending legislation that would give private attorneys the broad powers of the Attorney General in environmental suits

Security Bill

  • *OPPOSE extensions of joint and several liability to a large class of property owners

Lawsuit Lending (A.5410)

  • *OPPOSE the proposed “Trojan Horse” bill which purports  to regulate this industry  but, in fact, helps legally  establish its presence in New York