.jpg)
One question I get asked quite often is what my thoughts are in terms of what issues might be considered next year.
There are several topics like the state’s budget and taxes that are essentially guaranteed to come up next session. However, there will also be a number of other bills or constitutional amendment resolutions that could also be voted on early next year.
By tradition and prior precedent, when the Legislature convenes in an even-numbered year, the first bills or resolutions to be debated are typically the priority measures carried over from the previous regular session.
For the next couple of weeks, I would like to highlight several of these priority bills and resolutions that are pending and could be scheduled early in the next session.
LB79 by Sen. Sorrentino is a package bill crafted by the Judiciary Committee primarily dealing with civil actions.
Earlier this year, the Judiciary Committee was able to get two of its priority bills passed that largely dealt with aspects of criminal law: LB150 and LB530. However, time ran out before LB79 could be debated.
LB79 primarily aims to limit claims for negligent hiring, negligent retention, and negligent supervision when an employer admits its employee was acting within their course and scope of employment in negligence claims involving a commercial motor vehicle (e.g., a semi-truck).
Elements of four other bills are included in LB79’s committee amendment. Those four bills are: LB132 by Sen. Kauth which would allow evidence that a person was not wearing a seat belt to be admissible concerning the mitigation of damages. This change would revert to the current law regarding the determination of liability and proximate cause, but allows a jury to decide the amount of mitigation without restriction as to reduction of recovery for damages; LB199 by Sen. Sorrentino which would require the disclosure of thirdparty litigation financing agreements and reduce Nebraska’s statute of limitations from four years to two years for personal injury actions; LB205 by Sen. Bosn which would permit recovery for medical damages only to the extent necessary to satisfy medical costs actually incurred by a plaintiff and cap non-economic damages in civil actions against commercial motor vehicle carriers at $2.225 million; LB340 by Sen. Hallstrom which would require asbestos plaintiffs to disclose the factual basis for each claim against each defendant and provide supporting documentation. The bill would also require plaintiffs to file and disclose claims against trusts that exist to compensate plaintiffs for harms caused by bankrupt companies’ asbestos products to prevent double recovery in asbestos related lawsuits.
LB79 as amended by the committee amendment is currently pending on General File and did receive a priority designation, meaning this bill could be scheduled early next year. Be aware this bill could possibly change depending on any negotiations that happen prior to January.
Let me know your concerns. My number is (402) 471-2801, my email is [email protected]. My address is: Sen. Barry DeKay, Dist. #40, Box 94604, State Capitol, Lincoln, NE 68509.
