I hope this doesn't affect my "Bama Class." :)
Lee
-Original Message-
From: Jeff Todd [mailto:[EMAIL PROTECTED]
Sent: Tuesday, June 01, 2004 1:50 AM
To: RollTideFan-The University of Alabama Athletics Discussion List
Subject: [RollTideFan] GOP Looks to Limit Class-Action Suits
By JESSE J. HOLLAND, Associated Press Writer
WASHINGTON - After trying to curb class-action suits for years, Republicans finally
have enough support to ram legislation through the Senate to limit what they call an
overabundance of frivolous cases against American businesses. But a decision by Senate
Majority Leader Bill Frist to push forward immediately on that legislation instead of
finishing work on a defense bill may have the effect of forcing the GOP to wait even
longer before claiming a victory that big business has sought for years.
The Senate will vote Tuesday on whether to act immediately on the bill to move more
class-action suits from state to federal courts instead of continuing work on the
Defense Department's $422 billion authorization bill. That was the pending business
when the Senate recessed for its holiday break on May 21.
Several Democrats have promised to join with the GOP to give Republicans the 60 votes
they need to move the class-action bill to passage. But those same Democrats are
expected to refuse to vote to abandon the defense legislation to do it.
"They believe in class-action reform a lot, but they are not going to vote" to skip
over the defense bill, said Assistant Democratic leader Harry Reid, D-Nev. "We believe
we should finish the defense bill and then go to class action."
Frist wanted to put the defense bill off because Democrats are refusing to agree to a
limit on amendments, and Frist wants extra time to negotiate. Moving to class action
would give Frist that time.
"The class-action bill does have strong bipartisan support, and we would like to
finish that bill in a reasonable period of time," Frist said.
The GOP bill would move more class-action lawsuits - where one person or a small group
represents the interests of an entire class of people in court - out of state courts
where juries are often more generous to plaintiffs, and into federal courts where
awards typically are smaller.
Senate Republicans and the corporate community, for whom curbing class-action lawsuits
is a major priority, say businesses are drowning in frivolous lawsuits while trial
lawyers profit handsomely by sometimes just threatening legal action.
"We are extremely pleased that after six years the United States Senate will finally
have the opportunity to debate and vote on legislation to fix the country's broken
state court class-action system," said Stanton Anderson, executive vice president of
the U.S. Chamber of Commerce (news - web sites)., who called the bill "moderate and
reasonable."
But many Senate Democrats and other opponents say the legislation only helps
businesses escape judgments for wrongdoing. Huge damage awards are needed to ensure
corporations play by the rules, they say.
Federal judges, opponents say, will either throw many of the cases out or be less
likely to issue multimillion-dollar judgments against corporations if the bill is
passed.
"The Senate proposal is designed to kill the use of class-action lawsuits, which have
resulted in decisions that not only provide refunds to consumers and others injured by
corporate wrongdoing, but also require changes to business practices that have cheated
consumers, workers and even local and state governments," said a statement from
USAction, a liberal, pro-consumer activist group.
GOP senators fell one vote short of achieving a filibuster-proof, 60-vote majority in
October. But now several Democrats, including Christopher Dodd of Connecticut and
Charles Schumer of New York, have agreed to support the legislation.
Democrats feared some of their state constituents would lose their right to sue in
their own courts. Under the deal, Democrats get additional exceptions in the bill that
they say will preserve class-action lawsuits that belong in state court.
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