Civil Justice Fairness Act of 1997

TABLE OF CONTENTS:

Title I: Punitive Damages Reform

Title II: Joint and Several Liability Reform

Title III: Civil Procedural Reform

Title IV: Health Care Liability Reform

Title V: Miscellaneous Provisions

Civil Justice Fairness Act of 1997 - Title I: Punitive Damages Reform - Prohibits punitive damages in a civil action in any State or Federal court in which such damages are sought based on the same act or course of conduct for which punitive damages have already been sought or awarded against the defendant, with exceptions where the court determines that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, subject to specified limitations.

(Sec. 103) Permits punitive damages, to the extent permitted by applicable Federal or State law, in any civil action in a Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct that is either specifically intended to cause harm or carried out with conscious, flagrant disregard for the rights or safety of other persons. Prohibits punitive damages in the absence of an award of compensatory damages exceeding nominal damages.

Sets forth provisions regarding: (1) limits on punitive damage awards involving certain drugs and medical devices; (2) pleading of punitive damages; (3) bifurcation of trial at the defendant's request; and (4) limits on awards.

Title II: Joint and Several Liability Reform - Provides that in any civil action for personal injury, wrongful death, or based upon principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and not joint. Makes each defendant liable only for the amount of noneconomic damages allocated to such defendant in direct proportion to such defendant's percentage of responsibility. Directs that a separate judgment be rendered against such defendant for that amount.

Requires the trier of fact to determine the proportion of responsibility of each person for the claimant's harm whether or not such person is a party to the action.

Specifies that this title shall not preempt or supersede any Federal or State law to the extent that such law would further limit the application of joint liability to any kind of damages.

Title III: Civil Procedural Reform - Expresses the sense of the Congress that each State should require each attorney admitted to practice in such State to disclose in writing, to any client with whom such attorney has entered into a contingency fee agreement, the actual services performed, the precise number of hours expended, and whether a referral fee was paid.

Directs the Attorney General to: (1) study and evaluate contingent fee awards and their abuses; (2) develop model State legislation; and (3) prepare and disseminate to State authorities the findings made and model legislation developed.

(Sec. 302) Amends: (1) rule 702 of the Federal Rules of Evidence regarding expert testimony; and (2) rule 68 of the Federal Rules of Civil Procedure regarding offers of judgment or settlement.

Title IV: Health Care Liability Reform - Provides that in any health care liability action, in addition to actual damages, punitive damages, or both, a claimant may be awarded noneconomic damages in an amount not to exceed $250,000, regardless of the number of parties against whom the action is brought or the number of claims or actions brought with respect to the health care injury. Prohibits an award for future noneconomic damages in such an action from being discounted to present value. Sets forth provisions regarding reductions in jury awards and applicability of this title.

(Sec. 403) Establishes a two-year statute of limitations for the initiation of a health care liability action, with an exception for minors.

(Sec. 404) Sets forth provisions regarding the periodic payment of future damages.

(Sec. 405) Directs the Secretary of Health and Human Services to award grants to one or more States to establish demonstration projects under which the State establishes a no-fault medical liability system, subject to specified requirements. Authorizes appropriations.

Title V: Miscellaneous Provisions - Specifies that this Act shall not provide a basis for Federal court jurisdiction under specified provisions.