Text: HF02555                           Text: HF02557
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House File 2556

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  668A.2  MULTIPLE AWARDS FOR SAME
  1  2 ACT OR COURSE OF CONDUCT.
  1  3    1.  A defendant against whom punitive or exemplary damages
  1  4 have been awarded pursuant to section 668A.1 may file a
  1  5 separate written motion with the court seeking to have the
  1  6 amount of such damages reduced by the court when all of the
  1  7 following facts exist:
  1  8    a.  The defendant was previously sued in one or more
  1  9 actions in state or federal court arising from the same act or
  1 10 course of conduct as the present action.  Allegations of
  1 11 substantially the same manufacturing defect, unsafe design, or
  1 12 inadequate warning or labeling of similar units of the same
  1 13 product in both the present and any previous actions shall be
  1 14 deemed to arise from the same act or course of conduct.
  1 15    b.  Punitive damages were awarded against the defendant in
  1 16 one or more of the previous actions described under paragraph
  1 17 "a".
  1 18    2.  The motion shall be filed within the time permitted for
  1 19 the filing of a motion for a new trial, and shall set forth
  1 20 the following:
  1 21    a.  The facts and theories of liability involved in the
  1 22 previous cases.
  1 23    b.  The amount of punitive damages awarded in each previous
  1 24 case.
  1 25    c.  The reasons and amount by which the current award of
  1 26 punitive or exemplary damages duplicates the punitive damages
  1 27 awarded in the previous actions.
  1 28    d.  Any other evidence relevant to the determination of the
  1 29 court in reducing damages.
  1 30    The defendant shall include with the motion certified
  1 31 copies of judgments in the previous actions, as well as
  1 32 relevant pleadings and other documents that demonstrate the
  1 33 duplicative nature of the punitive damage award in the present
  1 34 action.
  1 35    3.  The party awarded the punitive damages may file a
  2  1 responsive motion prior to the hearing on the defendant's
  2  2 motion.
  2  3    4.  Upon the proper filing of a motion under this section,
  2  4 the court shall schedule a hearing, and shall determine
  2  5 whether the liability for the punitive or exemplary damages
  2  6 arose out of the same act or course of conduct as in the
  2  7 previous action or actions, and the extent, if any, to which
  2  8 the present award of punitive or exemplary damages duplicates
  2  9 the total amount of punitive damages awarded in the previous
  2 10 actions.
  2 11    a.  The court may consider the facts of the previous cases,
  2 12 the bases of liability for the previous punitive damages
  2 13 awards, the purposes for which the awards were made, how the
  2 14 awards were determined or calculated, and any other evidence
  2 15 offered by the parties that is relevant to the issue of
  2 16 whether the defendant is subject to duplicative awards of
  2 17 punitive damages.
  2 18    b.  The court shall reduce the present award of punitive or
  2 19 exemplary damages in accordance with this section, and shall
  2 20 enter its findings and the basis for its decision in the
  2 21 record.
  2 22    5.  The decision of the trial court on the issue of
  2 23 reduction of damages may be appealed according to the rules of
  2 24 appellate procedure.  If the appellate court determines that
  2 25 the decision of the trial court in reducing the punitive
  2 26 damage award, or failing to reduce the punitive damage award,
  2 27 was clearly erroneous in light of the record, it shall reverse
  2 28 the decision of the trial court, and enter appropriate orders.
  2 29    6.  The court may stay entry of judgment or execution on
  2 30 the punitive damage award pending a hearing and decision under
  2 31 subsection 4, and enter any other orders as necessary to avoid
  2 32 prejudice or delay.  The court may enter a similar stay on
  2 33 execution on the punitive damage award, in addition to any
  2 34 appropriate conditions, pending appeal of the issue if the
  2 35 defendant has made a prima facie showing of the elements in
  3  1 subsection 1.
  3  2    7.  The possibility of reduction of punitive or exemplary
  3  3 damage awards pursuant to this section shall not be disclosed
  3  4 to the jury.
  3  5    Sec. 2.  APPLICABILITY.  This Act shall apply to the trial
  3  6 of any civil action that commences on or after the effective
  3  7 date of this Act.  
  3  8                           EXPLANATION
  3  9    This bill provides that a defendant who is presently
  3 10 subject to an award of punitive damages, and who has
  3 11 previously been subject to one or more awards of punitive
  3 12 damages in one or more actions arising from the same act or
  3 13 course of conduct, may file a motion with the court after
  3 14 judgment, seeking to reduce the present punitive damage award
  3 15 to the extent that it duplicates previous awards.
  3 16    The bill sets forth the issues that must be addressed in
  3 17 the motion, as well as the documents that must be included
  3 18 with the filing of such motion.  It provides for a responsive
  3 19 motion by the party who was awarded the punitive damages.
  3 20    The bill provides that, upon motion, the court shall
  3 21 schedule a hearing on the issue, and shall determine whether
  3 22 the liability arose out of the same act or course of conduct
  3 23 as in the previous action or actions, and the extent to which
  3 24 the present punitive damage award duplicates the previous
  3 25 awards.  Issues for the court's consideration in making such
  3 26 determinations are addressed in the bill.
  3 27    The bill provides for an appeal of the decision on the
  3 28 issue, and permits the court to issue a stay on execution of
  3 29 the punitive damage award under certain conditions.
  3 30    The bill provides that the possibility of reduction of a
  3 31 punitive damage award under this section shall not be
  3 32 disclosed to the jury.
  3 33    The bill applies to all civil trials commencing on or after
  3 34 the effective date of the Act.  
  3 35 LSB 4175YH 77
  4  1 jls/jl/8
     

Text: HF02555                           Text: HF02557
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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