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Business groups and health providers back ban on counsel suggesting non‑economic damages; trial lawyers push back
Summary
Proponents including business, hospital and insurance groups told the Judiciary Committee that banning counsel from suggesting dollar amounts for non-economic damages would curb 'anchoring' and rising jury awards; opponents, including trial lawyers, argued the bill would silence counsel and increase juror guesswork. The committee held a full hearing but took no final vote recorded in the transcript.
The Senate Judiciary Committee heard hours of testimony for and against Senate Bill 413, a measure that would prohibit lawyers from suggesting specific dollar amounts, ranges, formulas, or unrelated reference values to a jury when arguing non-economic damages such as pain and suffering.
Proponents — led by business, hospital and insurance representatives — said the practice known as 'anchoring' improperly skews juror awards. Jennifer Artman, a partner at Shook, Hardy & Bacon appearing for the American Tort Reform Association, described anchoring as "a very psychologically powerful baseline…
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