[ql06] Re: TORTS: U.S. Class Action Reforms Crash and Burn
- From: Sheldon Erentzen <sheldon.erentzen@xxxxxxxxxxxx>
- To: ql06@xxxxxxxxxxxxx
- Date: Mon, 27 Oct 2003 14:38:28 -0500
This is great to see. Some sign that the two party system is still
wheezing life in the states.
Stephen Kennedy wrote:
>Corporate tortfeasors must be crying in their beer (single-malt Scotch more
>likely) over the failure of Bush's class action reforms to pass the Senate.
>Now they'll have to wait a year, and grease a few more senators, before
>they try to ram this through again.
>
>I see business groups are arguing that companies are being sued out of
>business. I'd like to see one that didn't deserve it. It's good to see the
>little guy win one for a change.
>
>
>Senate blocks limits on class action suits
>By Deborah McGregor in Washington
>Financial Times www.ft.com
>Published: October 22 2003 20:16 | Last Updated: October 22 2003 20:16
>
>The US Senate on Wednesday blocked business-backed legislation aimed at
>curbing class action lawsuits, dealing a blow to President George W. Bush's
>longstanding drive for sweeping legal reforms.
>
>In a 59-39 vote, Republicans, who control the Senate, fell one vote short
>of prevailing in a procedural showdown with Democrats that underscored the
>difficulties of moving Mr Bush's policy agenda through the narrowly divided
>chamber. The issue is now considered dead for the year.
>
>Republicans, from Mr Bush down, had argued that shifting many class action
>cases from state to federal courts, as the legislation provided, would
>discourage frivolous lawsuits. But Democrats said the Republican leadership
>had excluded them from crafting a compromise that would have been
>acceptable. And they said the bill was meant mainly to hurt trial lawyers
>who litigate the cases.
>
>Heading into an election year, both parties are keenly attuned to their
>campaign contributors. Trial lawyers give most of their contributions to
>Democrats, while business tends to support the Republicans.
>
>Class action lawsuits allow plaintiffs whose injuries might not be worth
>enough to justify bringing individual suits to combine their claims into
>one lawsuit against a common defendant.
>
>Business had pushed hard for the legislation, saying many companies are
>being sued out of existence. They were encouraged when Republicans swept
>Congress in last year's elections. Mr Bush has made countless speeches
>touting the need to tackle the nation's litigation crisis.
>
>But the highly charged issue failed to swing enough Democrats, who argued
>that the legislation would penalize the victims of corporate wrongdoing.
>"Defendant corporations don't want to be held liable for their misconduct
>and if held responsible they want to pay less money," said Richard Durbin,
>an Illinois Democrat.
>
>Meanwhile, prospects have grown increasingly dim for legislation tackling
>other legal reforms. Negotiations in Congress aimed at finalizing asbestos
>litigation have so far failed to produce a compromise.
>
>Medical malpractice legislation is likewise stalled. With Congress
>scheduled to adjourn for the year on November 7, there appears little
>prospect for further action. Although Republicans can try again next year,
>it is notoriously difficult to enact such controversial measures in a
>presidential election year and most business lobbyists now consider the
>chances extremely slim.
>
>
>
>
>
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