LegalNewsLine Logo  
Wednesday, March 17 2010     Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
NEWSLETTER
Receive our FREE weekly newsletter
click here
LNL MOST POPULAR ARTICLES
+ W.Va. SC won't rehear controversial $50M case
+ Federal jury finds fraud on part of asbestos lawyers
+ Poll: Brown, Whitman neck-and-neck
+ AG Tom Miller lands in GOP crosshairs
+ Obama nominates McConnell to federal bench
LNL HOT TOPICS
+ Asbestos
+ Bankruptcy
+ Big Pharma
+ Class Action
+ Dickie Scruggs
+ Financial Crisis
+ Gasoline Prices
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Personal Injury
+ Sub-Prime Mortgages
Tort Reform 
 
Oregon Senate votes to extend statute of ultimate repose
Floyd Prozanski (D)
SALEM, Ore. (Legal Newsline)-Oregonians injured by defective products would have 10 years from the date of purchase to sue manufacturers instead of the current eight years, under legislation the state Senate approved Tuesday.

Senate Bill 284 would change a 1977 law -- the statute of ultimate repose -- that requires product liability lawsuits against manufacturers to be filed within eight years after the date a product is purchased.

The legislation cleared the Senate on a 17-13 vote.

The Oregon Trial Lawyers Association had unsuccessfully asked the Democrat-led Senate for an extension to 25 years.

The legislation was prompted by the case of four Lake Oswego, Ore., teachers whose eyes were damaged in 2004 by ultraviolet radiation leaking from a broken protective cover on a metal halide light bulb in a school gymnasium.

The bill, which now moves to the House for consideration, includes a "look away" provision to the state of manufacture, giving the injured party the length of time allowed in the state where the product was originated, a statement said.

"A defective product can cause serious, life-altering injuries," Sen. Floyd Prozanski, D-Eugene, chairman of the Senate Judiciary Committee, said in a statement. "This is about fairness to consumers. It's an incremental step."

Earlier this year, the Oregon Senate voted to allow plaintiffs to sue state and local governments for more money than currently allowed under the state's public liability cap.

The legislation calls for increasing the liability cap $100,000 a year to a maximum of $1.5 million by 2015 for individual claims against state government. The plan would increase the cap to $3 million for all claims from a single incident. The bill also would eliminate the distinction between economic and noneconomic damages.

Lower caps would be allowed for cities, counties, school boards and special districts, under the changes to the Oregon Tort Reform Act backed by Democratic Gov. Ted Kulongoski and the Oregon Trial Lawyers Association.

The bill followed a landmark 2007 Oregon Supreme Court ruling that found the state's current $200,000 cap to be inadequate.

In its decision, the high court affirmed a 2006 Oregon Court of Appeals ruling that allowed the family of a brain-damaged child to sue Oregon Health and Sciences University for more than $17 million in connection with injuries Jordaan Michael Clarke suffered at the hospital as a three-month-old baby.

From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.

Filed Under: Hot Topics


COMMENTS ON THIS ARTICLE:

No comments have been posted in the last 15 days!

SEND US YOUR COMMENTS ON THIS ARTICLE:


* - Required fields

Subject: *
Message: *
Contact Name: *
Contact URL:
Contact Email: *
This Is CAPTCHA Image
Write the characters in the image above: 

E-mail this article to a friend | Printer friendly format

MORE NEWS HEADLINES:
+ Ga. SC upholds 2005 tort reform measures - 3/16  
+ Group says trial lawyers actually gave $35 million to political c... - 3/15  
+ Calif. trial lawyers spend $21 million to sway officials - 3/12  
+ Murnane: Illinois med-mal caps bill likely to die - 3/9  
+ Tort reform measure passes test in S.C. - 3/8  
+ Lawsuit caps proposal could be headed to Illinois voters - 3/8  
+ U.S. SC ruling could limit forum shopping by trial lawyers - 2/24  
+ Pawlenty calls for medical malpractice reform - 2/23  
+ Calif. tort reform bills face certain death, observers say - 2/23  
+ Plan would reduce Calif. judgment interest rates - 2/22  


IN THE SPOTLIGHT:
Wednesday, March 10, 2010
Most of the judges on the New Mexico Court of Appeals get a failing grade when it comes to the "expansion of liability," according to a judicial evaluation report.
Read more...


+ 'Land of Enchantment' in 'Hellhole': Tort reform group calls New Mexico's appeals court 'pro-liability' - 3/2
+ Group puts the brakes on Honda class action settlement - 2/23
+ AG Brown, feds sitting out whisteblower suit against pipemaker - 2/18
+ Calif. AG hopeful vows to target public employee pension increases - 2/12
+ Nebraska AG Bruning's political star rising - 2/5
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
LATEST LNL BLOG ENTRIES:
+ Abbott: Beware Dietary Supplement Scams and 'Miracle' Health Claims
+ Abbott's signs of a scam
+ AG McCollum on convicts in the mortgage industry
NEWS WIDGET:
Attention bloggers:
Add Record Headlines to your site!


fast + free- click here

NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved.