Liability Reform Insider
All Californians win with a fair and balanced justice system
Capitol Weekly-April 25, 2023
Sen. Hurtado and Asm. Nguyen Receive 2022 Civil Justice Gavels
March 16, 2022
Senator Hurtado and Assemblymember Nguyen Recognized as Champions of Legal Reform
Civil Justice Association of California Announces 2022 “Civil Justice Gavel” Recipients
SACRAMENTO, Calif. (March 16, 2022)— The Civil Justice Association of California (CJAC) is pleased to announce that Senator Melissa Hurtado (D-14) and Assemblymember Janet Nguyen (R-72) are this year’s Civil Justice Gavel recipients.
Amicus Trifecta for CJAC! CA Supreme Court Issues Three Favorable Rulings
In recent weeks, CJAC has notched three major wins in the California Supreme Court, as well as being referenced in one of the opinions. Congratulations to CJAC’s general counsel, Fred Hiestand, our appellate expert extraordinaire!
AB 2777: Reviver Legislation Will Expose Businesses to Decades, Centuries-Old Claims
CJAC is opposing an expansive new reviver bill that was introduced in the Assembly, AB 2777 (Wicks), also known as the “Sexual Abuse Cover Up Accountability Act.”
CJAC Supports Clarification of Federal Rule of Evidence 702
In February, CJAC submitted comments supporting amendments to Federal Rule of Evidence 702 proposed by the U.S. Courts Advisory Committee on Evidence Rules. CJAC appreciates Shook, Hardy & Bacon LLP’s assistance with drafting the comments on our behalf.
CJAC Releases 2021 Legislator Scorecard
CJAC has released its second annual Balance Scorecard for the 2021 legislative year, which evaluates legislators and their efforts to promote a fair, balanced civil justice system – placing them in the top or bottom half of all California legislators.
The Balance Scorecard analyzes legislators’ votes and related efforts on CJAC priority bills that promote or impede balanced civil liability policies, including bills that create unwarranted liability expansions, frivolous litigation, or private rights of action (PRAs).
New Bill Broadly Prohibits Confidential Settlements
Senator Connie Leyva (D) recently introduced SB 1149, which prohibits confidential settlement agreements in lawsuits alleging defective products or environmental conditions that pose a danger to public health or safety – defined to mean “a product or condition that has caused, or is likely to cause, significant or substantial bodily injury or illness, or death.”
SB 1149 is jointly sponsored by Consumer Reports and Public Justice.
Product Manufacturer, Creditor Liability Bills Reintroduced
Two bad bill ideas from 2021 have come back to life in new bill vehicles introduced this session. These are bills that CJAC opposed and fought last year, and we will continue our efforts against them this year as well:
Two-Year Bill Summary: Only Two of 20 CJAC Oppose Bills Advance
A total of 18 two-year bills that CJAC opposed last year remained stalled or finally failed as of the two-year bill deadline that occurred January 31. While these bad ideas can be revived elsewhere (and a couple already have), we obtained closure on the following particular bill vehicles which are now dead:
High Court to Review CA’s PAGA Arbitration Waiver Rule
On March 30, the U.S. Supreme Court will hear Viking River Cruises, Inc. v. Angie Moriana. CJAC filed an amicus brief in the case on February 7.
At issue is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement between employer and employee providing that the employee cannot raise representative claims, including under California’s statutory Private Attorney General Act (PAGA).
Appellate Court Ruling Conflicts with CA’s Policy to Encourage Settlement
CJAC recently filed an amicus brief in the Third Appellate District in Madrigal v. Hyundai Motor America, C090463. The issue is whether CCP section 998’s “cost-shifting” expert witness and attorney fee provisions apply when a defendant car seller makes a monetary offer of settlement in Song-Beverly litigation and the buyer-plaintiffs reject it, and then settle with defendant before trial for less than the amount of that offer.
CA Supreme Court Welcomes First Latina Justice
Justice Patricia Guerrero was confirmed to the California Supreme Court on Tuesday, March 22, making history as the first Latina woman to serve on the state’s highest court. She was sworn in on March 28.