CCJL 2003 Legislative Agenda
The Colorado General Assembly passed more civil litigation reform in the 2003 session than in any year since the late 1980’s. The Colorado Civil Justice League, the state tort reform association, was responsible for the majority of the legislation that was enacted into law.

The CCJL initiated or authored legislation signed into law in 2003 that:

ENDS FRIVOLOUS CLAIMS FOR PUNITIVE DAMAGES (TEXT OF HB03-1186)

Prohibits a plaintiff from suing for punitive damages unless the plaintiff can show evidence of willful or wanton actions that would justify such a claim. Ends the practice of plaintiff’s attorneys making premature or frivolous claims for punitive actions in order to pressure the defendant to settle to lawsuit. (Click for more information.)

REFORMS THE APPEAL PROCESS FOR CLASS ACTION LAWSUITS (TEXT OF HB03-1027)

Permits either party in a class action to immediately appeal the class certification decision, without having to go through the entire trial before appealing that critical decision. (Click for more information.)

ENCOURAGES BOTH PARTIES TO SETTLE LAWSUITS (TEXT OF HB03-1121)

If a party rejects a settlement offer that was more favorable than the actual trial verdict, that party must pay all of the litigation expenses (excluding attorney’s fees) of the other side. (Click for more information.)

CLOSES LOOPHOLES IN COLORADO’S PRODUCT LIABILITY LAWS (TEXT OF SB03-231)

Prohibits product liability actions against innocent local retailers; prohibits a product liability lawsuit where misuse of the product was a contributing cause of the injury; and makes it more likely juries will hear existing “rebuttable presumptions” in Colorado law. (Click for more information.)

RESTORES THE VALIDITY OF PARENTAL LIABILITY WAIVERS (TEXT OF SB03-253)

Overturns a Colorado Supreme Court decision invalidating the liability waivers parents sign on behalf of their minor children before participating in many sports and recreational activities. (Click for more information.)

CAPS THE CONTINGENCY FEES OF PRIVATE ATTORNEYS WORKING FOR THE GOVERNMENT (TEXT OF SB03-86)

In response to the tobacco litigation scandals across the nation, caps at $1,000 the effective hourly rate a private attorney working on behalf of the state government can earn in a class action.

The Colorado Civil Justice League also supported the following legislation that was signed into law in 2003:

• Restoring Colorado medical malpractice limits on non-economic damages (Text of HB03-1007)

• Prohibiting medical malpractice lawsuits against medical professional corporations (Text of HB03-1012)

• Capping damage awards and reforming procedures in construction defect litigation (Text of HB03-1161)

• Capping appeal bonds at $25 million, regardless of the verdict amount (Text of HB03-1366)

• Permiting doctors to communicate more freely with their patients without fear their comments will be held against the doctor as a statement against interest in a medical malpractice suit (Text of HB03-1232)