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Code · BILL · 116th Congress · S. 4537 (Introduced in Senate) — To provide for economic recovery, and for other purposes. · Sec. 142

Sec. 142. Limitations on suits

673 words·~3 min read·/bill/116/s/4537/is/section-142

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An individual or entity against whom a final judgment is entered in any coronavirus-related action shall be liable solely for the portion of the judgment that corresponds to the relative and proportionate responsibility of that individual or entity. In determining the percentage of responsibility of any defendant, the trier of fact shall determine that percentage as a percentage of the total fault of all individuals or entities, including the plaintiff, who caused or contributed to the total loss incurred by the plaintiff.
In any coronavirus-related action, the court shall instruct the jury to answer special interrogatories, or, if there is no jury, the court shall make findings with respect to each defendant, including defendants who have entered into settlements with the plaintiff or plaintiffs, concerning the percentage of responsibility, if any, of each defendant, measured as a percentage of the total fault of all individuals or entities who caused or contributed to the loss incurred by the plaintiff.
In determining the percentage of responsibility under this subsection, the trier of fact shall consider— the nature of the conduct of each individual or entity found to have caused or contributed to the loss incurred by the plaintiff; and the nature and extent of the causal relationship between the conduct of each such individual or entity and the damages incurred by the plaintiff. Notwithstanding paragraph (1), in any coronavirus-related action the liability of a defendant is joint and several if the trier of fact specifically determines that the defendant— acted with specific intent to injure the plaintiff; or knowingly committed fraud.
Nothing in this subsection affects the right, under any other law, of a defendant to contribution with respect to another defendant determined under paragraph
(3)to have acted with specific intent to injure the plaintiff or to have knowingly committed fraud. In any coronavirus-related action— the award of compensatory damages shall be limited to economic losses incurred as the result of the personal injury, harm, damage, breach, or tort, except that the court may award damages for noneconomic losses if the trier of fact determines that the personal injury, harm, damage, breach, or tort was caused by the willful misconduct of the individual or entity; punitive damages— may be awarded only if the trier of fact determines that the personal injury to the plaintiff was caused by the willful misconduct of the individual or entity; and may not exceed the amount of compensatory damages awarded; and the amount of monetary damages awarded to a plaintiff shall be reduced by the amount of compensation received by the plaintiff from another source in connection with the personal injury, harm, damage, breach, or tort, such as insurance or reimbursement by a government. Except as described in paragraphs
(2)and (3), this section preempts and supersedes any Federal, State, or Tribal law, including statutes, regulations, rules, orders, proclamations, or standards that are enacted, promulgated, or established under common law, related to joint and several liability, proportionate or contributory liability, contribution, or the award of damages for any coronavirus-related action. Nothing in this section shall be construed to affect the applicability of any provision of any Federal, State, or Tribal law that— limits the liability of a defendant in a coronavirus-related action to a lesser degree of liability than the degree of liability determined under this section; otherwise affords a greater degree of protection from joint or several liability than is afforded by this section; or limits the damages that can be recovered from a defendant in a coronavirus-related action to a lesser amount of damages than the amount determined under this section. Nothing in this subpart shall be construed to affect the applicability of section 319F–3 of the Public Health Service Act ( 42 U.S.C. 247d–6d ) to any act or omission involving a covered countermeasure, as defined in subsection
(i)of such section in arranging for or providing coronavirus-related health care services. Nothing in this subpart shall be construed to affect the applicability of section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ).
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  • 42 USC 247d–6d
  • 42 USC 247d–6e
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Sec. 142
Limitations on suits
Cite42 USC 247d–6d
Cite42 USC 247d–6e
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