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2008 Session Review
2008 Session Review Highlights from the 2008 LEGISLATIVE SESSION HB08-1011, Sex Abuse of Child Civil Actions, would have created an unlimited statute of limitations for child sexual assault victims to file a civil action against a third party. Widely viewed as a bill aimed at the Catholic Church, it also revived cases that had expired due to the statute of limitations for a period of two years. The CCJL believes statutes of limitations are necessary to balance lost evidence, faded memories, and the disappearance of witnesses. The bill was killed in the House Judiciary Committee. HB08-1407, Increase -Bad Faith Penalties, create new penalties for insurance carrier denials of an insured's claim. Although the CCJL does not generally take a position on insurance industry regulation bills, HB08-1407 was concerning because of the potential increase in litigation that will result. The reduced standard of bad faith in this bill creates an incentive for insurance companies to settle marginal cases that they would otherwise fully investigate and possibly settle for less under current law. This, in turn, creates the opening for more cases of insurance fraud, which will increase the cost to businesses and all consumers. SB08-54, Judicial Performance Evaluations, will provide for improvements in Colorado's Judicial Performance Review Commission system. As the only business organization that participates in the state's judicial selection and retention process, the CCJL worked on the task force that drafted the bill and fully supported it on its path through the legislature. At the CCJL's suggestion, SB 54 restored the public disclosure of the vote taken by a panel on a judge's retention recommendation, discloses the number of judges who don't stand for retention after evaluation and articulates standards for judicial evaluation for the first time. SB08-122, Wage Transparency Act, originally sought to dramatically expand the rights of employees to sue their employees over discussions among employees about wages - primarily in the context of union organization. Proponents of the bill eventually accepted amendments proposed by the CCJL and other business groups that makes SB08-122 consistent with federal law. CCJL proposed one important amendment that clarified the bill did not apply to small businesses not covered by the federal National Labor Relations Act. SB08-164, Medical Malpractice Damages, sought to raise damage limits on medical malpractice judgments, threatening to limit access to health care and raise insurance premiums at a time when the Governor and Legislature were seeking to do the opposite. The bill would have raised the limits on non-economic damage awards against doctors by nearly 50%, while exempting damages for physical impairment and disfigurement from the overall cap of $1 million, blowing a huge loophole in the caps. After passing the Senate, SB164 died in the House Judiciary Committee. If you see an article on lawsuit abuse you think others should see, please
e-mail it to info@ccjl.com. |
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1125 17th Street, Suite 600 - Denver, CO 80202 - Tel 303.628.3313 - Fax 303.293.3236 - info@ccjl.org Copyright © 2008 Colorado Civil Justice League. All rights reserved. The CCJL is an affiliate of the American Tort Reform Association |
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