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...

[newfrpr04]

GOP needs to keep it up while they are on the roll, Dems won't know what hit them.

[1LongTimeLurker]

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

Folks are cheering this? Maybe it's just me, but I remember when Conservatives believed in limited federal government and state's rights.

[OldFriend]

BTW, John Edwards will be giving a speech to the dems in New Hampshire this coming weekend. It will be played and played and played on CSPIN.

[SmithL]

Don't let them get away with the threat of a filibuster again. If they want to be obstructionists, make them lose sleep to do it.

[goldstategop]

Muzzling the lawyers - the most prominent activist cadre of the Left, would be a welcome and long overdue development. Tort reform alone will take a significant chunk out of the Democratic Party's most visible pillar.

Denny Crane: "There are two places to find the truth. First God and then Fox News."

[thoughtomator]

Perhaps, but not dogmatically so in exclusion of all other principles. The federal government does have some responsibilities, and one of those is to guarantee in each state a republican form of government.

[Mo1]

GOP needs to keep it up while they are on the roll, Dems won't know what hit them.

I agree

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

BRING IT ON!!!

[Flyer]

I would also like to see punitive damages to be awarded to the State.

[Paul C. Jesup]

Does anyone know if this bill deals with asbestos and silica class action lawsuits?

I don't know about this bill but Bush's State of the Union speech mentioned it a couple of nights ago.

[xm177e2]

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.

Translation: companies will be able to get away with small abuses scot-free (what attorneys are going to take cases involving small damages to large numbers of people, if they can't get paid?)

So small abuses (on a large scale) will become common. Companies will screw you in small ways on a regular basis, because they can get away with it. Does that sound like "reform?"

The government has no right to interfere with our right to file lawsuits by preventing us from paying our lawyers!

[kcvl]

Class Action Fairness Act of 2004
Bill # S.2062

Original Sponsor:
Charles Grassley (R-IA)

Cosponsor Total: 14
(last sponsor added 06/24/2004)
6 Democrats
8 Republicans


About This Legislation:
2/10/2004--Introduced.

Class Action Fairness Act of 2004 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members.
Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.

Specifies requirements for notices of proposed settlements.
Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects.

Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction.

Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.

Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.

Detailed, up-to-date bill status information on S.2062.


https://ssl.capwiz.com/usatoday/issues/bills/?bill=6036236&size=full

[sam_paine]

Maybe it's just me, but I remember when Conservatives believed in limited federal government and state's rights.

Part of the abuse is "judge shopping" of filing national cases in Illinois and getting crazy judgements against national companies that cost all of us. Bouncing those cases into federal court requires much higher prosecution costs and thus higher barrier to entry/filing frivilously.

Or so I'm told. :-)

[Soul Seeker]

YES!!!

Fianlly!!

Thank you President Bush! I'll thank the Senate once it's passed, but thrille dit got out of committee.

[Eagle of Liberty]

"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.

Yea, I got a check from Chase for a credit card class-action suit. The check was made out for $3.45. I wondered how much the lawyer received for this case.

[mammer]

If this bill got through that easy it makes worry that things won't change much. Did I just miss something or was there no mention of a cap.

[Southack]

Generic tort reform, medical tort reform, firearm tort reform...it's all coming.

The Right steamrolls on!

[TheEaglehasLanded]

Didn't we hear rats like DEAN saying this country is in crisis, now there saying we have no crisis since Bush got reelected.

[sam_paine]

This is just being reported out of Senate committee I think.....this is going to be a crazy darn differnet bill after it goes thru the sausage grinder....

[The Spirit Of Allegiance]

First a MEGAWHOOOHOOOO on the passage of this.

Second, your remark and my reply:

"Next needed is limits on awards for non-economic damages; i.e. pain & suffering"

NO WAY! Call me a RINO but that's where I draw the line. Y'see, the ACLU, PFAW and Americans for the Separation of Church and State have trampled my freedoms, insulted my intelligence, impugned my fairness/tolerance/righteousness ratio, robbed me and millions of others who have standing of our true civil liberties--and caused trillions of dollars of damages in pain and suffering to me and aborted babies and many of the mothers who had abortions....

< /not exactly sarcasm OFF

ACLU Foundation has $133 MILLION in assets. The New Deep Pockets, eh? LOOK:

http://www.charitynavigator.org/index.cfm/bay/search.summary/orgid/3247.htm

[Grampa Dave]

"Generic tort reform, medical tort reform, firearm tort reform...it's all coming."

"The Right steamrolls on!"

All of this is Bush's fault and those of us who voted for him in both elections.