FLOOR BOOK MEMORANDUM            House Committee on the Judiciary

            H.B. 2726                                                       

Prepared by: Mark Adkins

            (2/16/2015)                                                     Phone: 304-340-3133

                                                                                    email: mark.adkins@wvhouse.gov

______________________________________________________________________________

SPONSORS: Delegates Shott, Folk, Overington, Sponaugle, Azinger, Deem and Waxman

TITLE: Clarifying choice of laws issues in product's liability actions

DATE INTRODUCED: February 13, 2015; referred to the Committee on the Judiciary

CODE SECTION AFFECTED: W.Va. Code §55-8-16

IDENTICAL/SIMILAR BILLS: None.

CHAIRMAN’S SUMMARY:  W.Va. Code §55-8-16 currently sets forth that it is the public policy of West Virginia to apply the product liability law of the place of the injury if a nonresident plaintiff asserts a claim against a manufacturer or distributor of a prescription drug for failure to warn.

This bill seeks to expand the applicability of W.Va. Code §55-8-16 to all product liability claims asserted by nonresident plaintiffs.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS:

            A. EXISTING LAW:

W.Va. Code §55-8-16 states that it is the public policy of West Virginia to apply the product liability law of the place of the injury if a nonresident plaintiff asserts a claim against a manufacturer or distributor of a prescription drug for failure to warn (“lex loci delecti”).

            B. THIS BILL:

This bill seeks to expand the applicability of W.Va. Code §55-8-16 regarding the choice of law analysis to all product liability claims asserted by nonresident plaintiffs against manufacturers or distributors in West Virginia courts.

Further, this statute, as proposed, would be applicable to all civil actions commenced on or after July 1, 2015.

II. SECTION DIRECTORY: §55-8-16 - Choice of law in product liability actions.

III. FISCAL ANALYSIS: There is not a Fiscal Note because no fiscal impact has been identified.

IV. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified

            B. GOVERNMENT AGENCIES AFFECTED: No agencies affected.

            C. RULE MAKING AUTHORITY: None.

            D. COMMITTEE REFERENCE: No second reference.

            E. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: July 1, 2015.