Tort Action Procedure Reform Act

Summary

Tort Action Procedure Reform Act - Title I: Establishment of Federal Arbitration Panels - Establishes Federal arbitration panels in the district courts of the United States to hear civil actions for personal injuries. Requires that personal injury claims (other than class action claims) brought in a district court be filed with such panels. Allows any party to move for a jury trial. Allows the panel chairperson to transfer such claims to the court for trial de novo or dismiss the claim for lack of Federal court jurisdiction. (Such transfers and dismissals may be appealed to the court.) Empowers the panel to issue subpoenas requiring the attendance and testimony of witnesses and the production of relevant evidence. Sets forth certain rules regarding the introduction of evidence on collateral sources of payment and the claimant's burden of establshing that a product caused a toxic harm. Grants the panel authority to dismiss frivolous claims. Provides for court enforcement of damage awards set by the panel. Requires that damage awards be offset by any amount received as workers' compensation benefits. Establishes procedures for the judicial review of panel decisions. Provides that a party who rejects a settlement offer or counteroffer, and who does not substantially prevail in the action, shall be liable for certain costs, including reasonable attorneys' fees of the offeror. Permits any defendant who has paid a settlement or panel award under this Act to seek contribution, reimbursement, or indemnity on the basis of comparative responsibility from any other defendant. Title II: State Arbitration Panels - Allows the Attorney General to make grants to States for the establishment and implementation of arbitration panels in State courts.

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1 official file

• Introduced in House

  summary · EN · 3 June 1986

  Open at official source

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