Here's a look at some of NFIB/Alabama's victories in the 2011 legislative session:
- Lowered the post-judgement interest rate on jury awards in civil lawsuits from 12% to 7.5%. Before, a defendant who lost a lawsuit and chose to appeal had to begin paying 12% post-judgment interest on the amount the court or jury awarded the plaintiff, creating a significant financial deterrent to appealing an unjust verdict. The change helps prevent the cost of money from dramatically impacting a defendant’s decision whether or not to appeal.
- Passed a law prohibiting “forum shopping” of wrongful death lawsuits. Lawmakers passed a bill requiring that a suit can be brought only in the county where the deceased could have filed it. This will prevent the practice of finding a personal representative in a plaintiff-favorable county solely for purposes of obtaining venue there due to the residency of the personal representative.
- Imposed new standards for expert testimony in civil cases. A bill suppored by NFIB establishes a framework for admitting scientific expert testimony in order to preclude introduction of “junk science” into courtrooms. The federal 3-part test for courts to use in determining whether to admit scientific expert testimony has been adopted in full and allows the courts to exclude unreliable testimony or even testimony that may draw from reliable procedures and principles, but whose conclusions are unsupportable. Exempt are certain criminal and domestic relations cases. However, nothing precludes the courts in Alabama from later extending these rules to such testimony.
- Prevented local governments from forcing restaurants to include nutritional information on restaurant menus and vending machines.
- Provided new protections for retailers in product liability cases. Known as the Alabama Small Business Protection Act, this adds protection for Alabama’s retailers against product liability suits. The suits are aimed at the manufacturers, but often retailers, wholesalers and distributors are sued even though they did not participate in the manufacture or design of the product. These suits cost Alabama businesses time and money while the true target of the suit is the manufacturer or designer of the product.
- Passed a proposed state constitutional amendment saying Alabama could opt out of the federal health-care law. If the amendment is approved by voters, it would a) prohibit any person, employer, or health care provider from being compelled to participate in any health care system; b) provide that a person or an employer may pay directly for health care services and neither one shall be penalized or fined for such actions; and c) provides that the purchase or sale of health insurance in private health care systems shall not be prohibited.
- Passed a proposed constitutional amendment defending workers' right to secret ballots. If approved by voters, unions could not replace secret ballots with a very public process called "card check."
- Passed the Full Employment Act of 2011. The legislation provides a $1,000 tax credit for businesses who hire full time workers paying more than $10 per hour with 50 or fewer employees.
- Secured a 200% state income tax deduction for the payment of health insurance premiums for businesses with fewer than 25 employees.
- Capped the education budget to the previous year’s revenue collections and if there is growth, the additional monies would be used to pay back the state's "rainy day" fund. Protecting the "rainy day" fund helps small businesses by reducing the need to raise taxes later.
- Removed the minimum daily penalties for certain violations of state environmental protection laws and orders for businesses.