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Minutes for SB413 - Committee on Judiciary

Short Title

Prohibiting counsel from suggesting an amount of damages for noneconomic loss in civil actions.

Minutes Content for Thu, Feb 5, 2026

Chairwoman Warren opened the hearing on SB413.

Natalie Scott, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 4)

Eric Stafford, Vice President of Government Affairs, Kansas Chamber, spoke in favor of the bill, which addresses a tactic used and promoted by plaintiff lawyers know as Jury Anchoring.  He stated an unfair and skies the limit climate will result in higher costs for every constituent. (Attachment 5)

Jennifer Artman, Shook, Hardy & Bacon, L.L.P., on behalf of the American Tort Reform Association, spoke in favor of the bill.  She stated this bill sets out reasonable limitations to limit undue inflence on juries in Kansas state trials by trial attorneys. The lump sum amounts or suggested calculations often have no relationship to the facts of the case at issue. Trial Attorneys use this technique because it effectively works to return an inflated jury verdict. (Attachment 6)

Daniel Peters, Senior Vice President and General Counsel for the University of Kansas Health System testified in support of the bill.  He stated this bill applies equally to both plaintiffs and defendants.  It grant neither side a strategic advantage but instead promotes fairness, integrity, and consistency in the judicial process. (Attachment 7)

Rachelle Colombo, Executive Director, Kansas Medical Society Introduced Tucker Poling, General Council and Vice President of Claims, provided support of the bill.  Rachelle's testimony is what Tucker spoke to.  He stated this bill ensures that jurors are able to remain independent in their discretion regarding damages and are not unduly influenced by efforts to drive up litigation and ultimately healthcare and business cost. (Attachment 8)

Daniel Murray, Kansas State Director, National Federation of Independent Business, provided testimony in support of the bill.  He stated lawsuit abuse drives up insurance costs and forces small business owner to divert resources away from growth, hiring and community support. (Attachment 9)

Elizabeth Smoller, General Counsel, Kansas Association of Insurance Agents, testified in support of the bill.  She stated this bill promotes a trial environment in which damage determinations remain rooted in reasoned evaluation rather than an arbitrary starting point suggested by an attorney, whose compensation s dependent on the ultimate award.  (Attachment 10)

Pamela Bracher, on behalf of the Kansas Motor Carriers Association and American Trucking Association, provided support for the bill.  She stated that the problem causing the increasingly common award of an inflated verdict, is the fact that there are often no constraints on the reasonableness of the dollar amount that can be suggested and/or the timing of when a dollar amount can be suggested. - (Attachment 11)

Proponents, written only testimony was submitted by the following:

  • Katrina Abraham, Government Affairs, Kansas The Greater Kansas City Chamber of Commerce (Attachment 12)

  • Tara Mays, Vice President State Legislative Affairs, Kansas Hospital Association(Attachment 13)

  • Marlee Carpenter, Kansas Association of Property and Casualty Insurance (Attachment 14)

  • Randy Stookey, Kansas Grain and Feed Association and Kansas Agribusiness Retailers Association (Attachment 15)

Jeffrey Wilson, Attorney, Dickerson Oxton, provided testimony opposed to this bill.  He stated if a lawyer asks for an absurd amount of money, the conservative solution is not for the government to censor the lawyer, the solution is for the defense to expose that absurdity through evidence.  We should trust the adversarial system, not rig it because one side prefers not to argue the merits.  (Attachment 16)

Opponents, written only testimony was submitted by the following::

  • Callie Denton, Executive Director, Kansas Trial Lawyers Association (Attachment 17)

Conferees stood for questions and further discussion.

Chairwoman Warred closed the hearing on SB413.

Chairwoman said we will reconvene to hear SB398.  She will announce the committee room and time on the Senate Floor.