Vote in MS House keeps debate on tort reform alive

Sun Herald.com ^ | Wed, Apr. 07, 2004 | By GEOFF PENDER

[WKB]

JACKSON MS- A House committee passed a version of tort reform that falls far short of the "end to lawsuit abuse" that Gov. Haley Barbour, Lt. Gov Amy Tuck and most Republicans in the Legislature have vowed to help pass, but it keeps the civil justice debate alive beyond Tuesday's deadline.

"This is in the spirit of compromise, trying to find common ground," said Rep. Ed Blackmon, D-Canton, chairman of the House Judiciary A Committee.

Many observers were surprised that Blackmon, a lawyer who earlier this session killed a House tort reform bill pushed by Barbour and Tuck, allowed anything labeled tort reform to escape his committee.

"This bill is at the upper limits of what we can agree to," he said after it passed his committee.

The new House version lacks smaller caps on pain-and-suffering or punitive damages awards that a version passed by the Senate and supported by Tuck and Barbour included. Also Tuesday, the Senate version was tucked into another measure pending in committee in that chamber.

Blackmon vowed to let the bill die by not bringing it up for a full House vote if he gets an inkling that House Republicans have garnered enough support to amend it back to the Barbour-Tuck version.

"It won't stand a snowball's chance," Blackmon said.

He and others will be straw polling over the next week or so to determine whether an effort will be made to reduce damage caps.

While stopping short of criticizing the new House version, Barbour and Senate leaders didn't sound overly enthusiastic. And to hedge its bets, the Senate Judiciary A Committee inserted its Barbour-approved tort reform language in another bill, one originally dealing with unlawful loan charges.

"I am pleased that the actions taken today by Chairman Blackmon's committee keep the prospect of comprehensive tort reform alive," Barbour said in a statement. "Mississippians want to put an end to lawsuit abuse, both as a way to restore fairness to our judicial system and as a way to create more and better jobs in our state."

If the House doesn't come around on stronger tort reform, many believe, Barbour could call a special legislative session some time after the regular one ends May 9 to try to force lawmakers to pass more stringent reform. His predecessor, Ronnie Musgrove, called a special tort reform session in 2002 that lasted more than 80 days before legislation was passed.

Opponents of further reform say the new laws created in 2002 should be given more time to take effect. But supporters say the 2002 reform left much unfinished business.

The battle over tort reform has been waged in Mississippi for years.

Doctors, insurance companies and other businesses claim that Mississippi's nationwide reputation for "jackpot justice" drives away doctors and industry and drives up the cost of and limits access to medical malpractice and other insurance.

On the other side, plaintiff's lawyers, consumer advocates and others say tort reform legislation limits people's rights to their day in court and compensation when they are harmed.

On a national level, the tort reform debate has become highly political and partisan, with Democrats claiming that Republicans are pushing tort reform as a way to attack one of the Democrats' last big-money sources, plaintiff's lawyers.

Some of that has crept into the Mississippi debate. Pro-tort reform forces in last year's elections targeted state politicians, notably House Speaker Billy McCoy.

[WKB]

A Miissippy ping to those who might reply

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[jfreif]

I don't understand why the tort is viewed upon in negative light. It is legal protection of both consumer and producer. The tort holds everyone accountable to one another under the law... I understand that some lawsuits may be deemed "frivolous" but, everyone has the right to sue for grievances. It is the court's (i.e. the jury's) decision as to whether or not the grievance is unreasonable. Not the legislature's. Can someone help me understand this?

[Viking2002]

Tort reform to DEMONcRATS is like a garlic wreath to Dracula.

[wylenetheconservative]

We can't keep any doctors in the state of Mississippi because the malpractice premiums are so high. Doctors are leaving in droves. Some people in the rural areas have to drive for hours to get to a doctor. The scum of the earth ambulance chasing trial lawyers have sued and sued and sued and driven premiums up. Suing is an industry in the Delta. One county with less than 10K people has 50 law firms. This kind of thing is going on across America. Have you been hiding under a rock?

[wylenetheconservative]

That dam Mississippi House is driving me nuts. Black Caucus is WAY too powerful. I could live with a permanent Dem majority in the Senate if they would continue to govern the way they do. We have to do something about the House.

[WKB]

We have to do something about the House.



I agree 100%

[WKB]

It is the court's (i.e. the jury's) decision as to whether or not the grievance is unreasonable



That is the problem in MS. "Jury shopping."

To find a jury dumb enough to do what they want.
That is a major part of the "tort reform" that
they are trying to pass.

[onyx]

A Miissippy ping to those who might reply.






Checking in as per request, order, or slight threat.
Ditto the black caucus is exercising too much power.

[dixiechick2000]

"If the House doesn't come around on stronger tort reform, many believe, Barbour could call a special legislative session some time after the regular one ends May 9 to try to force lawmakers to pass more stringent reform."

I hope he does just that, if for no other reason than to irritate the life outta 'em.

[onyx]

That's exactly what Haley ought to do.
Jackpot justice has to be stopped or
at a minimum, severely curtailed.

[afuturegovernor]

This House bill is a sham.

[WKB]

This House bill is a sham


It is a sham but it is a start!

[bert]

The tort law has been abused by the legal profession. The benefits largely accrue to the lawyers rather than the plaintiffs. The various damages especially punitive damages, are awarded in amounts completely unreasonable. The equivalent criminal penalty would always be death.

The legal profession is out of control and must be dealt with severely to punish all in the profession. Only when their ox is gored will "good" lawyers act against their colleagues.