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Liability Reform for Volunteer Services Act

Referred to Subcommittee on Oversight and Courts.

Official summary

Version 00 · Introduced in Senate · Apr 7, 1997

Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to: (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization. Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Limits the amount of punitive damages to the lesser of: (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000. States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action. Prohibits the disclosure to a jury of the punitive damages limitations of this Act. Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages. Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages. Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable. Requires a separate judgment against each defendant in such cases.

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Who introduced it

Sen. Ashcroft, John [R-MO] · R–MO

Committees

  • Judiciary Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Referred to Subcommittee on Oversight and Courts.

    2. Read twice and referred to the Committee on Judiciary.

    3. Sponsor introductory remarks on measure. (CR S2788-2789)

    4. Introduced in Senate

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