H. B. 2726

                        (By Delegate Shott, Folk, Overington, Sobonya, Azinger, Deem and Waxman)

                        [Introduced February 13, 2015; referred to the

                        Committee on the Judiciary.]

A BILL to amend and reenact §55-8-16 of the Code of West Virginia, 1931, as amended, relating to choice of law in product liability actions.

Be it enacted by the Legislature of West Virginia:

            That §55-8-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8. ACTIONS ON CONTRACTS.

§55-8-16. Choice of law in pharmaceutical product liability actions.

            (a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug for failure to warn, the duty to warn or other product, all liability claims at issue shall be governed solely by the product liability law of the place of injury ("lex loci delicti").

            (b) This section shall be applicable prospectively to all civil actions commenced on or after July 1, 2011 2015.

            NOTE: The purpose of this bill is to clarify choice of laws issues in product's liability actions.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.