Senate committee passes tort reform bill

THE WASHINGTON TIMES ^ | February 4, 2005 | Charles Hurt

[neverdem]

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The Washington Times
www.washingtontimes.com

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Senate committee passes tort reform bill

By Charles Hurt
THE WASHINGTON TIMES
Published February 4, 2005

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The bill aimed at curbing class-action lawsuit abuse, which Democrats filibustered last year, was passed by the Senate Judiciary Committee yesterday with bipartisan support.

    After the panel's 13-5 vote, the Class Action Fairness Act now is headed for the Senate floor, where bill backers say they have the 60 votes needed to overcome any new filibuster by Democrats.

    The bill would divert many of the largest class-action lawsuits out of state courts and into the federal court system.

    Such a move, supporters say, would prevent lawyers from shopping their cases around in search of judges and juries who are friendly to plaintiffs and who have a reputation for providing huge damage awards.

    "Right now, people across the country can be dragged into lawsuits unaware of their rights and unarmed on the legal battlefield," said Sen. Herb Kohl of Wisconsin, one of the three Democrats on the committee to vote with Republicans in favor of the measure.

    "What our bill does is give back to regular people their rights and representation. This measure may not stop all abuses, but it moves us forward," he said.

    The bill also would curtail the payment of tiny awards -- in some cases, coupons of small value -- to consumer plaintiffs while their attorneys walk away with massive payments.

    "Consumers are too often getting the short end of the stick in class-action cases, recovering coupons or pocket change while their lawyers reap millions," Mr. Kohl said.

    Several Democrats remain opposed to...

[hchutch]

We also got some help from SCOTUS, too:
http://www.freerepublic.com/focus/f-news/887283/posts

You know, Ronald Reagan's quote about the arms race sometimes comes to mind vis-a-vis judicial activism...

[polymuser]

Beep beep.

[!1776!]

Has anyone heard John Edwards' response?

Who's John Edwards? Is that that psychic guy to TV?

[TortReformer]

About time...we need a heck of lot more, though...we need to change the fundamentals of our culture...Bad things happen in life and the courtroom is not the way to solve your problems. Deal with it....

[Once-Ler]

This is going to be a bad couple years for rats...But not as bad as the next 2 years when America rewards Republicans for fixing problems by electing even more Republicans.

[CyberAnt]

IIRC he just got some job - but I didn't get the details.

[CyberAnt]

"The Dems are gonna whine and complain anyhow .. might as well just go for it"

I totally agree! Doing the right thing is more important than worrying what the dippy dims are going to say about it.

[SunkenCiv]

very related:

Appeals Court: Gov't Can't Seek $280B From Tobacco
FoxNews ^ | 2/4/05 | Unknown
Posted on 02/04/2005 1:31:12 PM PST by Blood of Tyrants
http://www.freerepublic.com/focus/news/1336191/posts

[montag813]

Is this constitutional? I'm not so sure.

[neverdem]

Is this constitutional? I'm not so sure.

Under the commerce clause when your talking about national companies and class action suits in multiple states, why not?

[neverdem]

I posted a story on it yesterday. The admin mod yanked it from front page news. Thanks for the link.

Court Blocks U.S. From Seeking Billions From Tobacco Industry

[montag813]

Under the commerce clause when your talking about national companies and class action suits in multiple states, why not?

Very good point. Thanks.

[!1776!]

Huh?

[ccmay]

what attorneys are going to take cases involving small damages to large numbers of people, if they can't get paid?

If it's a real abuse, maybe some fancy pants lawyers will consider it pro bono.

If not, I don't really care. Anything that undermines the legal extortion industry is OK by me.

-ccm

[hoosiermama]

Sure haven't let any grass grow under their feet......