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2008 Issue Agenda

1. Workers’ Compensation Reform – Support objective standards for workers’ compensation awards and other reforms such as a well-qualified and balanced Workers' Compensation Commission.

2. Expert Evidence Reform – South Carolina needs to establish uniform procedures and standards for the admissibility of expert witness testimony in circuit courts so as to provide reliable methods for handling of expert and scientific evidence in South Carolina.

3. Appeal Bond Reform – In the last 10 years, judgments over $100 Million have been on the rise. Very large judgments can cause defendants to seek bankruptcy protection or settle without appealing thus undercutting the fairness of our court system. Most Southeastern states have recognized this unfairness and enacted appeal bond reform. In fact, 9 of 11 Southeastern states have caps on the amount of appeal bonds but not South Carolina.

4. Caps on Damage Awards – South Carolina’s litigation climate is ranked 37 by the US Chamber of Commerce (Harris Poll). One of the primary reasons is South Carolina does not have any limits on punitive damages. The US Chamber of Commerce (Harris Poll) consistently rates punitive damages as a top legal reform issue.

5. False Claims Act – The trial lawyers are aggressively pursuing the passage of this legislation again. Many business and health care organizations are opposed to this act that authorizes private trial lawyers to act as  “mini attorneys general” in alleged fraud cases involving entities conducting business with the state. This legislation allows private attorneys to sue any company conducting business with our state government.
   
   
6. Class Action Reform - South Carolina's state law is lenient on certification of class action lawsuits. Our state statute should be modeled after the federal law governing class actions particularly Federal Rule 23 (b).
   
   
7. Evidence of Seatbelt Usage - Today, a defendant cannot introduce evidence that the plaintiff was not wearing a seat belt. Not wearing a seatbelt should be admissible as evidence of failure to mitigate damages in civil actions.