A - ATRA

Question 1

ATRA

Rule of Joint and Several liability.

Answer 1

plaintiff can recover ALL damages from one or multiple wrongdoers, even if that party is only partially at-fault for the loss.

If a plaintiff sues 2 defendants, one 95% responsible, but bankrupt, he may recover 100% of damages from the solvent that is 5% responsible.

Question 2

ATRA

Explain whether rule of joint are several liability is a fair rule

Answer 2

No it is NOT a fair rule. It fails to equitably distribute liability.

Question 3

ATRA

2 arguments FOR and 1 AGAINST rule of joint and several liability.

Answer 3

It protects the right of the client to be fully compensated
increase efficiency of legal system by reducing number of trials

Co-defendants are required to pay damages beyond their proportion of fault.

Question 4

ATRA

Explain Collateral source rule

Answer 4

Rule that prohibits the admission of an evidence that the plaintiff has been compensated from other sources (such as plaintiff’s insurance or WC).

Question 5

ATRA

1 argument supporting the abolition of Collateral Source Rule.

Answer 5

35% of payments to medical malpractice claimants may be for expenses already paid from other sources.

Question 6

ATRA

3 reforms that the ATRA proposes to modify J-S LIABILITY

Answer 6

1) Replace with PROPORTIONATE liability

2) Not applying it for NON-PECUNIARY DAMAGES
3) Not applying J-S Liability when co-defendants is responsible for less than a given percentage (such as 25%).

Question 7

ATRA

4 reforms ATRA proposes to PUNITIVE DAMAGES

Answer 7

1) Establish a LIABILITY TRIGGER that reflects the INTENTIONAL TORT ORIGIN : Actual Malice
2) Require CLEAR AND CONVINCING EVIDENCE to establish punitive damages liability
3) Requiring PROPORTIONALITY in punitive damage
4) Pass federal legislation to address the multiple punitive damages awards.

Question 8

ATRA

Define PUNITIVE DAMAGES

Answer 8

• Damages awarded NOT TO COMPENSATE
• BUT TO PUNISH intentional or malicious conduct
• and to DETER FUTURE MISCONDUCT

Question 9

ATRA

Define NON-ECONOMIC DAMAGES
and 4 examples

Answer 9

• damages having no direct economic loss and have no precise value
• Pain and Suffering
• Emotional Distress
• Loss of Companionship
• Other intangible injuries

Question 10

ATRA

ATRA’s position of non-economic damages

Answer 10

giving juries the discretion of the amount of non-economic loss is the biggest reason to INEQUITIES and INEFFICIENCIES of tort liability system

Question 11

ATRA

Define Pre-Judgment Interest

Answer 11

• Interest from date of loss to date of judgment.
• Traditionally, interest not available in tort action.
• Many states passed laws allowing pre-judgment interest.

Question 12

ATRA

3 goals of prejudgment interest.

1 inconvenient of prejudgment interest.

Answer 12

1) to compensate plaintiff fully
2) to encourage early settlement
3) to reduce delays in cases

Can result in over-compensation

Question 13

ATRA

ATRA’s suggestion for Pre-Judgment interest?

Answer 13

ATRA suggest to review prejudgment interest laws to ensure fairness and foster settlements.

Question 14

ATRA

2 goals of Product Liability Law.

Answer 14

1) To compensate those injured by defective products

2) to discourage manufacturers from marketing defective products.

Question 15

ATRA

Explain WHAT WAS and WHAT IS :
CLASS ACTIONS.

Answer 15

1) Was a tool of judicial economy that combined many cases with similarities
2) Now, considered as defendant EXTORTION (without merit where millions of plaintiffs receive pennies, while lawyers receive millions in fees)

Question 16

ATRA

ATRA suggestion for Class Actions?

Answer 16

ATRA proposes state reform to balance equitably interests of plaintiffs and defendants.

Question 17

ATRA

Describe
Attorney Retention Sunshine

1 Problem

Answer 17

• When Attorney are hired by govt and get paid millions if they win the case (contingent fee basis)
• Problem is that attorneys are selected with political favoritism and corruption.
• An attorney sunshine legislation requires legislative approval of contingent fee contract.

Question 18

ATRA

5 reforms ATRA proposes to Jury Service

Answer 18

1) Eliminate exemption due to profession, allowing some jobs to opt-out of jury service
2) Provide more flexibility in schedule
3) Make sure that those experiencing true difficulties are excused from jury service
4) Protect employees from adverse action at work
5) Establish a fund to pay jurors who serve on long trials

Question 19

ATRA

Explain the issue with Jury Services

Answer 19

Juries are becoming less and less representative of the community

Question 20

ATRA

Explain what is an Appeal Bond

Answer 20

In many states, defendant have to post an appeal bond (to secure money in order to have the right to appeal) sometimes equal to 150% of a verdict.

Question 21

ATRA

2 Problem with Appeal Bonds?

Answer 21

1) Billion dollar verdicts are no longer uncommon

2) Appealing can force a company into bankruptcy

Question 22

ATRA

ATRA’s position on Appeal Bonds?

Answer 22

ATRA supports appeal bond REFORM to limit the size of an appeal bond when company is not trying to flee justice.

Question 23

ATRA

2 issues that led to recommending reforms of Punitive Damages

Answer 23

1) difficulty of predicting if punitive damages will be awarded by a jury
2) trend towards VERY large amounts of Punitive Damages

Question 24

ATRA

Define Proportionate Liability

Answer 24

each defendants pay a percentage of damages equal to percentage of fault