BillCam

Actions, Suits And Liens

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Number	Legislature	Summary	Subjects
SB-450	State (West Virginia)	The purpose of this bill is to provide class action safeguards. It attempts to ensure that the class action mechanism is not used to eliminate required elements of proof and precludes statutory damages in class actions. It addresses awards of attorneys’ fees in class actions by requiring courts to consider the overall benefit of the settlement or judgment to the class and the ratio of the proposed fee to the overall benefit. It also addresses when an appeal lies from an order granting or denying class certification. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens
HB-2678	State (West Virginia)	The purpose of this bill is to change the amounts of prejudgment and post-judgment interest to reflect today's economic conditions. Republican: 100% (8) 100% Republican support	Actions, Suits And Liens
HB-2682	State (West Virginia)	The purpose of this bill is to amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability. Republican: 100% (5) 100% Republican support	Actions, Suits And Liens
SB-397	State (West Virginia)	Granting immunity to health care providers Republican: 100% (2) 100% Republican support	Actions, Suits And Liens
HB-2647	State (West Virginia)	The purpose of this bill is to prevent compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment. Republican: 100% (11) 100% Republican support	Actions, Suits And Liens
HB-2634	State (West Virginia)	The purpose of this bill is to prohibit a court from giving a jury an instruction commonly known as the “Allen Charge” [Allen v. United States, 164 U. S. 492 (U. S. 1896)] to break a deadlock in jury deliberation to reach a verdict. Democrat: 44% (4) Republican: 55% (5) 44% Democrat support 55% Republican support	Actions, Suits And Liens
HB-2580	State (West Virginia)	The purpose of this bill is to establish limits applicable to the award of damages for medical monitoring. Republican: 100% (11) 100% Republican support	Actions, Suits And Liens
HB-2581	State (West Virginia)	The purpose of this bill is to allow admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence and failure to mitigate damages. Republican: 100% (10) 100% Republican support	Actions, Suits And Liens
HB-2531	State (West Virginia)	The purpose of this bill is to allow military personnel and reservists the additional five-year period to enter upon or recover land already allowed to infants and the insane. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens Military And Veterans
HB-2539	State (West Virginia)	Permitting a housing authority to garnish delinquent rents and other amounts owed to the authority from the renter’s income tax refund Republican: 88% (8) Democrat: 11% (1) 88% Republican support 11% Democrat support	Actions, Suits And Liens Taxation
SB-342	State (West Virginia)	The purpose of this bill is to provide compensation to victims of abusive lawsuits; and provide that a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact. Republican: 75% (6) Democrat: 25% (2) 75% Republican support 25% Democrat support	Actions, Suits And Liens
SB-340	State (West Virginia)	The purpose of this bill is to create an offer of settlement; acceptance or rejection; consequences; frivolous claims or defenses. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens
SB-338	State (West Virginia)	The purpose of this bill is to amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability. Republican: 100% (10) 100% Republican support	Actions, Suits And Liens
SB-287	State (West Virginia)	The purpose of this bill is to govern when and how civil damages for future medical monitoring expenses will be paid and administered. Republican: 100% (2) 100% Republican support	Actions, Suits And Liens
SB-261	State (West Virginia)	The purpose of this bill is to increase the salary or wages of a judgment debtor, that may be exempt from execution by a judgment creditor, who is an employee of state, a state agency, or any political subdivision of the state, from 30 to 50 times the federal minimum hourly wage (then in effect).Â This increased exemption was changed for private employees who are judgment debtors during the 2016 Regular Session. Subsection (b) corresponds to language found in §38-5A-3, creating consistency for public and private employees. Â The bill also requires that the judgment creditor includes additional personal information about the judgment debtor such as last four digits of Social Security number and date of birth. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens
SB-249	State (West Virginia)	The purpose of this bill is to require additional information in an abstract of judgment. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens Courts
SB-236	State (West Virginia)	The purpose of this bill is to establish limits applicable to the award of damages for medical monitoring. Republican: 100% (2) 100% Republican support	Actions, Suits And Liens
SB-197	State (West Virginia)	The purpose of this bill is to prevent compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens
SB-81	State (West Virginia)	The purpose of this bill is to increase the salary or wages of a judgment debtor, that may be exempt from execution by a judgment creditor, who is an employee of state, a state agency, or any political subdivision of the state, from 30 to 50 times the federal minimum hourly wage (then in effect).Â This increased exemption was changed for private employees who are judgment debtors during the 2016 Regular Session but the counterpart statute for public employees was inadvertently omitted. Republican: 100% (1) 100% Republican support	Actions, Suits And Liens
SB-55	State (West Virginia)	Allowing admission of use or nonuse of safety belt in civil actions for damages Republican: 100% (2) 100% Republican support	Actions, Suits And Liens

Title: Relating to class action safeguards

Session: West Virginia 2017-2017 Regular Session

Number: SB-450

Subjects: Actions, Suits And Liens

Republican: 100% (1)

Title: Changing the amounts of prejudgment and post-judgment interest to reflect today's economic conditions

Session: West Virginia 2017-2017 Regular Session

Number: HB-2678

Subjects: Actions, Suits And Liens

Republican: 100% (8)

Title: Relating to Medical Professional Liability

Session: West Virginia 2017-2017 Regular Session

Number: HB-2682

Subjects: Actions, Suits And Liens

Republican: 100% (5)

Title: Granting immunity to health care providers

Session: West Virginia 2017-2017 Regular Session

Number: SB-397

Subjects: Actions, Suits And Liens

Republican: 100% (2)

Title: Preventing compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay

Session: West Virginia 2017-2017 Regular Session

Number: HB-2647

Subjects: Actions, Suits And Liens

Republican: 100% (11)

Title: Prohibiting a court from giving a jury an instruction commonly known as the “Allen Charge” to break a deadlock

Session: West Virginia 2017-2017 Regular Session

Number: HB-2634

Subjects: Actions, Suits And Liens

Democrat: 44% (4) Republican: 55% (5)

Title: Relating to damages for medical monitoring

Session: West Virginia 2017-2017 Regular Session

Number: HB-2580

Subjects: Actions, Suits And Liens

Republican: 100% (11)

Title: Relating to admissibility of certain evidence in a civil action for damages

Session: West Virginia 2017-2017 Regular Session

Number: HB-2581

Subjects: Actions, Suits And Liens

Republican: 100% (10)

Title: Allowing military personnel and reservists the additional five-year period to enter upon or recover land already allowed to infants and the insane

Session: West Virginia 2017-2017 Regular Session

Number: HB-2531

Subjects: Actions, Suits And Liens, Military And Veterans

Republican: 100% (1)

Title: Permitting a housing authority to garnish delinquent rents and other amounts owed to the authority from the renter’s income tax refund

Session: West Virginia 2017-2017 Regular Session

Number: HB-2539

Subjects: Actions, Suits And Liens, Taxation

Republican: 88% (8) Democrat: 11% (1)

Title: Providing compensation to victims of abusive lawsuits

Session: West Virginia 2017-2017 Regular Session

Number: SB-342

Subjects: Actions, Suits And Liens

Republican: 75% (6) Democrat: 25% (2)

Title: Creating offer of settlement

Session: West Virginia 2017-2017 Regular Session

Number: SB-340

Subjects: Actions, Suits And Liens

Republican: 100% (1)

Title: Relating to medical professional liability

Session: West Virginia 2017-2017 Regular Session

Number: SB-338

Subjects: Actions, Suits And Liens

Republican: 100% (10)

Title: Relating generally to damages for medical monitoring

Session: West Virginia 2017-2017 Regular Session

Number: SB-287

Subjects: Actions, Suits And Liens

Republican: 100% (2)

Title: Relating to increasing salary or wages of judgment debtor

Session: West Virginia 2017-2017 Regular Session

Number: SB-261

Subjects: Actions, Suits And Liens

Republican: 100% (1)

Title: Relating to information required in abstract of judgment

Session: West Virginia 2017-2017 Regular Session

Number: SB-249

Subjects: Actions, Suits And Liens, Courts

Republican: 100% (1)

Title: Relating to damages for medical monitoring

Session: West Virginia 2017-2017 Regular Session

Number: SB-236

Subjects: Actions, Suits And Liens

Republican: 100% (2)

Title: Excluding certain medical care amounts from compensatory damage awards

Session: West Virginia 2017-2017 Regular Session

Number: SB-197

Subjects: Actions, Suits And Liens

Republican: 100% (1)

Title: Increasing wages of judgment debtor that may be exempt from execution by judgment creditor

Session: West Virginia 2017-2017 Regular Session

Number: SB-81

Subjects: Actions, Suits And Liens

Republican: 100% (1)

Title: Allowing admission of use or nonuse of safety belt in civil actions for damages

Session: West Virginia 2017-2017 Regular Session

Number: SB-55

Subjects: Actions, Suits And Liens

Republican: 100% (2)

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