ALEC - Yes Massah, yes massah

Folks – if you don’t read this one closely – you’re gonna miss the nasty bits by the American Legislation Exchange Council.

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I’m not going to bold it to make it easy for you.

It’s a game of “Find the ALEC Nasty Bits"

Yep folks – this is from the November 2011  ALEC Civil Justice Task Force Meeting in Snottsdale AZ.

NOTE 2011

AT  December 11^th at

3:25 p.m.         MODEL LEGISLATION: Amendments to the Product Liability Act      Victor Schwartz, Partner, Shook, Hardy & Bacon; Civil Justice Task Force Co-Chair

Original

Product Liability Act

Summary: The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best practices of the states. Approximately twenty states have codified their product liability laws; several did so based on the original ALEC model Product Liability Act adopted in 1995 (“the 1995 Act”).

Section 11. {Concert of action.}

In any product liability action, a manufacturer or product seller shall not be liable to the claimant on any theory of express or implied agreement among sellers, parallel behavior, or independent adherence to industry-wide standards unless the claimant proves, by a preponderance of the evidence, that the seller engaged in concert of action. “Concert of action” means the conscious and deliberate agreement to, acknowledgment of, and collaborative participation in wrongful conduct by two or more persons who do not have the relationship of master and servant, principal and agent, parent and subsidiary, affiliates, or employer and employee.

But they amended it – correct?

Amended

Section 19. {Expert opinion11. {Concert of action.}

In any product liability action, a manufacturer or product seller shall not be liable to the claimant on any theory of express or implied agreement among sellers, parallel behavior, or independent adherence to industry-wide industry-wide standards unless the claimant proves, by a preponderance of the evidence, that the seller engaged in "“concert of action." "” “Concert of action"” means the conscious and deliberate agreement to, acknowledgment of, and collaborative participation in wrongful conduct by two or more persons who do not have the relationship of master and servant, principal and agent, parent and subsidiary, affiliates, or employer and employee.

Yep – they amended this and all they ended up doing was adding more $hit so this became Section 19 instead of section 11