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
E-Discovery
- 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
E-Discovery
- *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
