Posted on 02/19/2005 2:15:04 AM PST by Liz
The benefits of expanded GOP control in both chambers of Congress were evident this week with the passage of a major tort-reform measure.
Yesterday, President Bush signed that measure into law. As a result, lawyers seeking to cash in on class-action suits will find it harder to "shop" for favorable local judges. Instead, they'll have to take those cases to federal courts, in a much more fair process.
Bear in mind that this bill lost by a single vote in the Senate last time. This time, it passed 72-26. Their party's losses in the last election plainly inspired several Democrats to vote on common sense, rather than their leaders' wishes.
As for the bill's merits, Bush has rightly noted that the tort system is in bad need of repair. The mess is a drain on the economy, allowing plaintiffs to unfairly target deep-pocketed businesses, which pass on their legal costs to consumers. Frivolous or unfair medical-malpractice suits threaten to drive many doctors and specialists out of business.
The new law targets one of the worst legal abuses: "forum shopping" taking the case to, say, an obscure town in Mississippi or Texas to greatly boost the odds of getting a too-friendly judge and jury.
Now lawyers can only take a class-action suit to a state court if the main defendant and more than a third of the plaintiffs are from that same state. If not, they must go to the federal courts.
But federal courts would only hear class-action suits involving a minimum of $5 million. And plaintiff lawyers will face some restrictions on their fees.
New York's junior senator, Hillary Clinton (a lawyer herself), sought to do New York and the nation a big disservice (and her fellow lawyers a favor) by voting against this sensible measure.
(Excerpt) Read more at nypost.com ...
He quit. Remember?
LOL!
Now I gotta cleanup my keyboard!!!!
Ahhh yes...the Mark Cuban of Ambulance Chasers.
Wal-Mart and other class-actioned retailers pass on "hidden costs" to consumers in the form of hiring fewer store personnel, delaying infrastructure spending, reducing stock, using in-store independent vendors, changing sales policies, and so on.
I get it, I get it.
Every professional FReeper has a spare keyboard stored nearby in case of unexpected coffee spews.
That's the only condition on which I post my little gems.
Feingold sizes up presidential race. Senator would consider running only under right circumstances
(Yawn) So? They ALL want to be president. So what? (snore).
I remember, I remember.
This IS good news. It doesn't go far enough, but it is certainly a start.
With one notable exception, it looks like the usual left-of-the-left suspects.
Even our beloved Diane Feinstein voted with the majority...I'm finding that she is not the complete embarrassment that Babs Boxer is to us Californians.
Ick.
He gets something the taxpayers are subsidizing, alright.
Ever notice that when the left talks about obscene or excessive profits, the subject of lawyers never comes up?
It's always best to READ the article. ;-)
Now lawyers can only take a class-action suit to a state court if the main defendant and more than a third of the plaintiffs are from that same state. If not, they must go to the federal courts.
The problem with these lawsuit is that they represent people from many states, and that allowed attorneys to go "venue shopping" to find a gullible jury. This involves more than one state, so the 10th Amendment doesn't apply.
Hey! You left out one of MY illustrious Leftist Leaders:
Feingold (D-WI), Nay
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