(Sec. 104) States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility.
(Sec. 105) Excepts from such liability limitations any misconduct of a defendant: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that results in liability for damages under specified provisions of the Oil Pollution Control Act of 1990 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (3) that involves a sexual offense or violation of a Federal or State civil rights law; (4) caused by being under the influence of intoxicating alcohol or a drug; or (5) relating to false claims or actions brought by the United States relating to fraud or false statements.
(Sec. 106) Preempts inconsistent State law.
Title II: Product Seller Fair Treatment - States that this title governs any product liability action brought in any Federal or State court. Excludes from this title actions for commercial loss, negligent entrustment, negligence per se concerning firearms and ammunition, and actions brought under a dram-shop or third-party liability arising out of the sale or provision of alcohol to an intoxicated person or a minor.
(Sec. 204) Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing (as determined under applicable State law), and such wrongdoing caused the harm to the plaintiff. States that a seller shall not be considered to have failed to exercise reasonable care with respect to a product based upon a failure to inspect if: (1) there was no reasonable opportunity to inspect; or (2) such inspection would not have revealed the aspect of the product that allegedly caused the claimant's harm. Allows a seller to be liable as a manufacturer if: (1) the manufacturer is not subject to appropriate service of process; or (2) the court determines that the claimant is or would be unable to enforce a judgment against the manufacturer. Provides limited liability for persons engaged in the business of renting or leasing a product.
Title III: Effective Date - Sets forth the effective date of this Act.
Rules Committee Resolution H. Res. 423 Reported to House. Rule provides for consideration of H.R. 2366 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Rule H. Res. 423 passed House.
Considered under the provisions of rule H. Res. 423. (consideration: CR H463-485)
Rule provides for consideration of H.R. 2366 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 423 and Rule XXIII.
The Speaker designated the Honorable Mac Thornberry to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2366.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Hutchinson amendment.
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DEBATE - Pursuant to the provsions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Moran amendment.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 40 minutes of debate on the Conyers amendment.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2366.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H474-476)
Passed/agreed to in House: On passage Passed by recorded vote: 221 - 193 (Roll no. 25).
Roll Call #25 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 221 - 193 (Roll no. 25).
Roll Call #25 (House)Received in the Senate.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 476.