Within the Republican Contract With America is a proposed Common Sense Legal Reform Act, which would require scientific expert testimony in federal trials to be based on "scientifically valid reasoning," and experts could not testify if their fee depended on the trial's outcome.
Punitive damages in both federal and state product liability cases could be awarded only if "clear and convincing evidence" had proved that the harm was caused by "actual malice," and damages would be limited to $250,000 or three times the actual economic harm, whichever is greater. When there is more than one defendant, limits would be set on non-economic losses, such as pain and suffering. A defendant could be forced to pay only for the share of harm it caused. An additional clause would exempt a product maker from being sued if he was bankrupt or could not be brought to court.
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