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Fair Calculations in Civil Damages Act of 2023
3/13/2024, 5:05 PM
Summary of Bill S 2658
One key provision of the bill is the establishment of guidelines for calculating damages in civil cases. These guidelines would take into account factors such as the severity of the harm caused, the financial losses incurred by the plaintiff, and any other relevant considerations. By providing clear and consistent guidelines for calculating damages, the bill aims to promote fairness and consistency in civil litigation.
Another important aspect of the bill is the requirement for judges to provide a written explanation of how damages were calculated in a particular case. This transparency is intended to ensure that parties involved in civil litigation understand how damages were determined and can challenge any discrepancies or errors in the calculation. Overall, the Fair Calculations in Civil Damages Act of 2023 seeks to improve the accuracy and fairness of damages awarded in civil cases. By establishing guidelines for calculating damages and requiring transparency in the process, the bill aims to promote justice and accountability in the legal system.
Congressional Summary of S 2658
Fair Calculations in Civil Damages Act of 2023
This bill prohibits courts from awarding damages to plaintiffs in civil actions using a calculation for projected future earning potential that takes into account a plaintiff's race, ethnicity, gender, religion, or actual or perceived sexual orientation.
The bill requires the Department of Labor to develop guidance for economists to develop future earnings tables that do not rely on race, ethnicity, gender, religion, or actual or perceived sexual orientation. Additionally, Labor and the Department of Justice must develop guidance for states on how to calculate future earnings in state tort proceedings in a manner that is free of such biases.
The Judicial Conference of the United States must report on damages awarded under federal law for personal injury, employment discrimination, tort damages, and cases involving protected classes of individuals sharing a common characteristic or identity who are legally protected against discrimination. The Administrative Office of the United States Courts must submit recommendations to ensure that future earnings calculations that take into account age and disability do not conflict with federal equal protection laws.
The bill requires the Federal Judicial Center to train federal judges on how to implement this bill.
