The Kitch firm has been at the forefront of tort reform legislation and litigation since the inception of Michigan tort reform in 1986. Our attorneys advocated legislative tort reform on behalf of our clients, and closely followed the enactment of tort reform legislation affecting medical malpractice, product liability, and other tort cases through the Legislature in 1986, 1993, and 1995.
We have taken a leadership role, committing extensive time and resources to making tort reform successful. With each wave of tort reform, efforts began with firm attorneys serving and assisting client organization task forces and committees devoted to reform in drafting and presenting tort reform legislation. In fact, in Michigan, many tort reform provisions were written by or in conjunction with firm attorneys. These efforts have continued with Kitch firm education for clients about how tort reform affects and benefits them, through seminars and detailed publications distributed to clients--including regular "Tort Reform Updates," and effectively representing clients against legal challenges to tort reform.
We have creatively, aggressively, and successfully litigated in the trial courts, Court of Appeals, and Michigan Supreme Court nearly every major issue involving the constitutionality and application of Michigan tort reform statutes. Our representation on these cases on behalf of the parties, or as amicus curiae, has resulted in favorable rulings on several ground-breaking issues, including the applicability of the medical malpractice damages cap to wrongful death actions; the constitutionality of tort reform statutes in drug product liability cases; and the constitutionality of the statute governing qualifications of expert witnesses in medical malpractice actions.
Tort reform issues arise in nearly all tort cases, including medical malpractice, product liability, and premises liability cases. Our attorneys are experienced in handling all aspects of tort reform advocacy, education, and litigation, including the following:
Drafting of proposed tort reform legislation and legislative advocacy
Education of clients on tort reform issues through in-house seminars
Representation in tort reform litigation on issues arising in cases assigned to the firm
Representation on tort reform issues for appeals, referred appeals, and amicus curiae briefs.