Midwest Declarations

Minds of Their Own

“Livestock have minds of their own.”

– Nebraska Sen. Ken Schilz of Ogallala, author of a bill that would require drivers who hit livestock on Nebraska roads to have a higher burden of proof in showing that farmers and ranchers are to blame. Current Nebraska law says judges and juries cannot infer that livestock owners were negligent just because the animals escaped. The law does not require evidence of specific negligence. Schilz, who runs a cattle operation along Interstate 80, said cattle can jump fences, push down fences and unlock gates on their own. Opponents of the measure said current law is fine the way it is, and many of the liability issues are already covered. AP

A Pushback

“This is a pushback against a liberal interpretation by our courts and this is an encouragement of what it takes to operate here in Missouri.”

– Rep. Kevin Elmer, R-Nixa, sponsor of a bill approved by the Missouri House of Representatives that would require workers who bring wrongful termination lawsuits to prove discrimination was a “motivating factor” – not simply a contributing factor – in the employer’s action. The measure would also cap the amount of punitive damages victims can recover. In cases where employers were found to have wrongfully discriminated, the legislation would tie punitive damages to a company’s number of employees, with a maximum award of $300,000. AP

A Crow Is No Swan

“I’ve found that Minnesotans don’t want their laws written by lobbyists for big
corporations.”

– Minnesota Gov. Dayton, who has vetoed four Republican sponsored lawsuit reform bills.

“These bills are laughably referred to as, quote, jobs bills, closed quote. Well, calling a crow a swan doesn’t make it one,” Dayton said. Republican leaders called the bills a genuine attempt to make the state’s court system friendlier to small-business owners. The bills would have cut the statute of limitations for civil lawsuits from six years to four, put limits on attorney fees in certain cases, created stronger appeal rights for designation of class-action lawsuits and reduced the interest rate on monetary judgments that are not paid while a case is under appeal. AP

Topics Agribusiness