January 27, 2012

Once again this week the redistricting process dominated behind the scenes conversations in the capital.

You will recall that last week the Missouri Supreme Court threw out the Senate and Congressional portion of redistricting. Now the House redistricting plan is being challenged by a group including former Democratic and Republican law makers. The entire process has to by statute be completed by February 28th. Late nights are being utilized to redraw maps. Speaker Tilley has suggested moving the February 28th deadline back a few months.

The House adjourned early on Wednesday in an unprecedented move which released Representatives for Thursday. Majority Leader Jones commented that there was no pressing business for Thursday. In the meantime the Senate has already started the “filibuster” process on workplace discrimination.

Tort Reform
Two bills were heard in the House General Laws Committee and will move quickly to the House floor.

HB 1298 changes the determination of a defendant's liability in a tort action for damages by specifying that the liability of each defendant for compensatory or punitive damages must be several and cannot be joint.  Each defendant must be only liable for the amount of damages allocated to that defendant in direct proportion to his or her percentage of fault.  A separate several judgment must be rendered against that defendant for that amount.

The court must multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault to determine the maximum recoverable amount of judgment to be entered against each defendant.  The court or jury must also consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.  Negligence or fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice before trial, in accordance with required court rules, that a nonparty was wholly or partially at fault.

HB 1180 changes the determination of a defendant's liability in a tort action for damages by specifying that the liability of each defendant for compensatory or punitive damages must be several and cannot be joint.  Each defendant must be only liable for the amount of damages allocated to that defendant in direct proportion to his or her percentage of fault.  A separate several judgment must be rendered against that defendant for that amount.

The court must multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault to determine the maximum recoverable amount of judgment to be entered against each defendant.  The court or jury must also consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.  Negligence or fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice before trial, in accordance with required court rules, that a nonparty was wholly or partially at fault. The Missouri Chamber, Associated Industries, National Federation of Independent Business, Kansas City Chamber and Missouri Medical testified on behalf. Trial Attorney’s were against.

Cigarette Sales
SB 523 was not voted out of the Senate Commerce Committee this week. The bill Under current law, a person under the age of 18 is exempt from the prohibition on youth possessing tobacco products if the youth is handling the products for the purpose of selling them in the course of his or her employment. The act removes this exemption. Any store found to have a youth selling tobacco products shall be subject to a fine of $250 for a first violation and $500 for subsequent violations.

This act is identical to HB 63 (2011).

Petroleum Marketers and Retailers are against the bill.

Next Week
It remains to be seen if the House will continue a shortened work week as happened last week.

The legislature moves into its fifth week with the predicted stalemate in the Senate.

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