Fairness in Litigation Act Exposed

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The Fairness in Litigation Act was adopted by ALEC's Civil Justice Task Force on August 12, 1999. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary: The Fairness in Litigation Act would codify the traditional tort law rule. The Act provides that the same rules that would apply to a legal claim by an injured person will apply to the government when it seeks to recover for a related indirect economic loss.

{Section 1}

This Act is titled and maybe known as the Fairness in Litigation Act

{Section 2}

[Insert appropriate state code] is amended to read:

(a) GENERAL RULE - In any action brought by the State, or any political subdivision thereof which accepts state funds, that seeks to recover directly from any defendant, to the extant permitted by applicable law, any benefits or services it has provided or paid for or is obligated directly or indirectly to provide or pay for on behalf of another person, the claimant shall be subject to the same procedural rules and substantive law (including notificarion requirements, limitations, and affirmative defenses) that would apply to a claim brought against such defendant by the person on whose behalf the benefits or services were provided or paid or are obligated to be provided or paid.


This Act shall take effect on the date of enactment of this Act without regard to whether the harm at issue occurred before the date of enactment.