JEFFERSON CITY – After an overnight filibuster that lasted 19 hours in late February, Republican state senators advanced a proposed change to the state’s legal system designed to clamp down on excessive lawsuit payouts.
Under the newly proposed Senate Bill 591, a claim for punitive damages could not be part of an initial court filing. The bill received a second read in the House on March 3, but since adjourning for a scheduled legislative spring break the week of March 16, the coronavirus has put a hold on when law makers will return to Jefferson City.
The punitive damages reform legislation would only allow punitive damages if there is “clear and convincing” evidence of intentional harm, according to the bill.
While Republicans lawmakers seem keen on pushing the bill through, Democratic opponents have argued that changes would create barriers for someone bringing a lawsuit, making it difficult for people who have been wronged to seek monetary damages.
They are also arguing that, since corporations cannot be put in prison, forcing companies to pay for damages is sometimes the only way for a company to be punished.
Republican leaders don’t see it that way.
“The purpose of the bill is not to prevent people from filing punitive damages – if you have a meritorious punitive damage case this bill doesn’t stop you at all,” said Republican Sen. Bill White (R-Joplin) in an interview with the St. Louis Record.
White did however explain that the proposed bill sets out to ensure that a plaintiff does have legal standing if they are seeking punitive damages. He hopes the bill will deter false claims that waste both time and tax dollars in court.
“There are people filing it where they don’t have evidence or do not make a case at all with meritless punitive damages or claims when they first do their initial position – and that just isn’t right,” White said. “The function of punitive is to punish the defendant - not to enrich the plaintiff.”