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Senator Thomas presents 'loser pays' tort‑reform proposal; bill circled for later
Summary
Senator Thomas delivered an extended floor presentation advocating a pilot 'loser pays' approach for property damage claims; the measure (a form of tort reform) was circled for later consideration due to time constraints.
Senator Thomas used floor time Feb. 16 to lay out a lengthy case for tort reform, proposing a limited pilot of a "loser pays" rule applied claim‑by‑claim (largely targeted at property‑damage actions). He cited comparative experience in Europe, Alaska, and studies arguing that shifting attorney fees to the losing side discourages frivolous suits and encourages settlements.
Thomas said the proposal would be narrowly tailored as a pilot, would allow judge‑set fee awards with safeguards, and would exclude most causes of action except property damage to avoid chilling meritorious claims. He referenced an Alaska study and commentary from legal scholars in support of the approach.
Floor leadership opted to circle the measure because of a time‑certain scheduled item and other commitments; no final vote was taken during this floor period. The transcript records the sponsor's floor remarks and the decision to defer further consideration.
