Business groups to support caps on lawsuit damages

Business interests ranging from trucking and poultry to health care announced Monday they would form a coalition to raise funds and support a proposed constitutional amendment that would limit certain payouts in lawsuits.

Lawmakers, who for years have been supportive of limits on damages and attorneys’ fees, commonly called tort reform, voted in the spring to have such rules put before voters as a proposed amendment to the Arkansas Constitution. Their proposal, known as Senate Joint Resolution 8, also would shift the final rulemaking authority of the Arkansas Supreme Court to the Legislature.

Voters will decide the measure in the November 2018 general election. Before then, voters are expected to witness extensive campaigning for and against the issue. On Monday, the first ballot committee was announced in support of that proposal.

Arkansans for Jobs and Justice, a group supported by the Arkansas State Chamber of Commerce, the Arkansas Medical Society, the Arkansas Poultry Federation, the Arkansas Health Care Association and the Arkansas Trucking Association, will campaign in favor of SJR8, according to a news release.

Likely to lead the campaign against the measure will be the Arkansas Bar Association, which unsuccessfully attempted to persuade lawmakers to vote against SJR8 earlier this year.

As recently as last year, attempts to enact lawsuit payout limits have fallen short. Caps were enacted by the Legislature in 2003, only to be declared unconstitutional by the Arkansas Supreme Court.