Last year’s tort reform proposals in the legislative session were obstructed by redistricting and mid-term elections, according to a civil justice reform advocate. But 2023 is expected to be unencumbered when it comes to changing the litigation landscape in Missouri.
“Every year is unique and has its own special blend of what might be difficult but this particular year I believe that from the discussions I've had with sitting senators who've just taken office and those who've been incumbents that there's a renewed sense of optimism for passing legislation,” said Rich AuBuchon, executive director of the Missouri Civil Justice Reform Coalition.
The legislature returned to the Missouri Capitol in Jefferson City on Jan. 4. Priorities for the coalition include shortening the statute of limitations, third-party litigation funding disclosure, and codifying the empty chair defense.
"The redistricting process in 2022, which only happens every 10 years, was made even worse because of the population shift," AuBuchon told the St. Louis Record. "There were changing districts that were very significant and that debate stretched quite literally until the very last day of the legislature. The session ended early because of that issue."
Proposed reforms to Missouri’s tort system that AuBuchon foresees could potentially be approved this year include the following.
Shortening the statute of limitations in personal injury litigation from five to two years.
“The vast majority of statutes of limitation in states throughout our nation are three years or less and quite frankly, the reality is that information is lost, and evidence is lost over a longer period of time," he said. "Memories fade and litigation is much more difficult if initiated after several years.”
Establishing an empty chair defense that would allow parties to show evidence of people who have settled out of a case prior to a jury trial.
“Missouri currently has modified joint and several liability, which means the parties who are 51% or more liable in a judgment are responsible for a hundred percent of the cost,” AuBuchon said. “It's a fairness issue because if parties have settled, there should be an opportunity for the remaining party in the case to state that there were more people at fault but they're just not there in court today because they settled.”
Imposing regulation and disclosure requirements on third-party litigation funders, such as hedge funds, in commercial and auto accident lawsuits
“We're seeing small-scale litigation be extended and reduced opportunity for settling because of loans that are being made by companies to keep people in litigation where they might have had the opportunity to settle earlier,” AuBuchon added. “These litigation funders are helping to. make litigation more expensive.”