posted on February 17, 2005 11:53:28 AM new
Final OK for class-action lawsuit changes
Congress sends bill to Bush for his signature
Updated: 2:16 p.m. ET Feb. 17, 2005
WASHINGTON - Congress on Thursday passed legislation that would transfer most large, multistate class action lawsuits to federal court, fulfilling one of President Bush’s second-term goals.
The aim of the bill was to protect businesses and stop lawyers from reaping huge profits by filing suits in carefully selected state courts.
The legislation, given final congressional approval by the House on a 279-149 vote, would ban state courts from hearing large multistate class action lawsuits. Such courts have been known for issuing multimillion-dollar verdicts like they did against tobacco companies.
After the bill becomes law, cases against corporations and businesses accused of wrongdoing against large groups of people will be heard by federal judges. Critics have said these jurists are not as amenable as are their state counterparts to these cases, which often involve millions of dollars.
The Senate passed the bill Feb. 10. Bush is expected to sign the bill into law on Friday.
Bush and other Republicans have been pushing for changes in the legal system for years. They argue that greedy lawyers have taken advantage of the state class action lawsuit system by filing frivolous lawsuits in certain state courts where they know they can win big dollar verdicts. Meanwhile, those lawyers’ clients get only small sums or coupons giving them discounts for the products of the company they just sued, lawmakers said.
“Frivolous lawsuits are clogging America’s judicial system, endangering America’s small businesses, jeopardizing jobs and driving up prices for consumers,” said House Majority Whip Roy Blunt, R-Mo.
Moving those cases to federal court will ensure that state judges will no longer “routinely approve settlements in which the lawyers receive large fees and the class members receive virtually nothing,” he added.
Companies in response have had to cut back on their activities to defend those lawsuits, and have had to raise prices on products to recoup their costs, Republicans said.
“These out-of-control class action lawsuits are killing jobs, they’re hurting small business people who can’t afford to defend themselves and they’re hurting consumers who have to pay more for products,” said Rep. Ric Keller, R-Fla.
Democrats argued that the main goal of Republicans was to hurt trial lawyers who donate heavily to the Democratic Party and to help big business escape multimillion-dollar verdicts from state courts. “This bill is the Vioxx protection bill, it is the Wal-Mart protection bill, it is the Tyco protection bill and it is the Enron protection bill,” said Rep. Jay Inslee, D-Wash.
They tried to scuttle the legislation by offering an amendment rewriting the bill and trying to force it back to committee, but Republicans voted those efforts down.
The legislation is “a payback to big business at the expense of consumers,” House Democratic leader Nancy Pelosi of California said.
Federal courts are expected to allow fewer large class action lawsuits to go forward, which Democrats say means more businesses will get away with wrongdoing and fewer ordinary people will be protected.
“It’s the final payback to the tobacco industry, to the asbestos industry, to the oil industry, to the chemical industry at the expense of ordinary families who need to be able go to court to protect their loved ones when their health has been compromised,” said Rep. Ed Markey, D-Mass. “And these people are saying that your state isn’t smart enough, your jurors aren’t smart enough” to hear those cases.
The legislation would affect only cases that are filed after the president signs it into law. Cases already in court could go forward in their current courts. For example, Vioxx cases already being heard in courts, where people assert that the drug causes problems ranging from stroke to irregular heartbeat to heart attack, would not be affected.
Under the legislation, class-action suits seeking $5 million or more would be heard in state court if the primary defendant and more than one-third of the plaintiffs are from the same state. But if fewer than one-third of the plaintiffs are from the same state as the primary defendant, the case would go to federal court.
The bill also would limit lawyers’ fees in so-called coupon settlements — when plaintiffs get discounts on products instead of financial settlements — by linking the fees to the coupon’s redemption rate or the actual hours spent working on a case.
posted on February 17, 2005 12:56:42 PM new
Well, libra , you never did answer my question......if you would've been blinded by the surgeon during your eye surgery would you just have shrugged your shoulders and slunk away?
These laws passed by the bushies just protect big business. The Republicans don't give a damn about the average American...they just want to make sure big business has no responsibility for their actions. The next time the wheels fall off your car and your family is killed DO NOT try to sue the automotive maker because YOU AND YOUR FAMILY DON'T MATTER......the clear message from the bush administration.
posted on February 17, 2005 01:15:49 PM new
I think this is a good thing. And it appears to have passed with a large margin...not a close vote by any means. The the Senate passed the bill 72-26. [think we only have 26 democrats in the Senate , I don't.]
One more issue off the agenda - decision made it appears. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Four More Years....YES!!!
[ edited by Linda_K on Feb 17, 2005 01:21 PM ]
posted on February 17, 2005 04:17:45 PM new
Yes Linda I agree. I didn't understand how the juries awarded those large tabacco ones. The warnings were everywhere about what smoking causes and still they gave them millions of dollars.
_________________
posted on February 17, 2005 04:26:48 PM new
Class action law-suits benefit the trial attorneys more than any of the victims in these cases. They didn't suffer at all but they get such huge fees. Maybe this alone will discourage them from even accepting some cases. I like that their 'cut' will be limited to a more fair amount....and more will be given to the victims - that's as it always should have been, imo.
And I agree on the tabacco lawsuits. At what point is a person responsible for their OWN behavior...no one had a gun to their heads forcing them to smoke. And now we're heading down that same path with the fast food places....they're being sued because some people can't control their overeating so it's McDonald's fault. What nonsense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Four More Years....YES!!!
posted on February 17, 2005 04:45:46 PM newDemocrats argued that the main goal of Republicans was to hurt trial lawyers who donate heavily to the Democratic Party and to help big business escape multimillion-dollar verdicts from state courts
So the reason is the Democrats will not get what they want in donations. What a laugh. Blame it on the Republicans. I am sure there are Republicans that are trial lawyers also so don't you think they are hurting themselves also.
I forgot about the McDonalds suit, The HOT coffee. that was a laugh. Now the hamburgers. I wonder what is next Ronald McDonald because he makes the kids laugh or because they have those birthday parties that serve high calorie foods to children.
posted on February 17, 2005 06:05:51 PM new
Well, libra , you never did answer my question......if you would've been blinded by the surgeon during your eye surgery would you just have shrugged your shoulders and slunk away?
I can see by both your remarks, linduh and libra, that neither one of you has done any research or thinking for the last several years....such old , stupid arguments as if the MacDonald's case was relevant ????
posted on February 18, 2005 12:03:08 AM new
Well, as usual linduh and libra, the-stuck-in-the-past-twins can't address my post.
Well, libra , you never did answer my question......if you would've been blinded by the surgeon during your eye surgery would you just have shrugged your shoulders and slunk away?
Would $100.00 have been adequate to compensate you, or anyone else, on the loss of their sight. $200.00.....?????????????
What would you need to spend the rest of your life sightless?
If your family was killed in a car accident that was caused by a defect in the vehicle that the manufacturer KNEW about would you just laugh and walk away? Really! How heartless can you be?
posted on February 18, 2005 09:38:01 PM new
crowfarm, What Linda K and Libra forgot is that this Pres during his campaign said he was going to stop frivolous and class action law suits not simply change their jurisdiction. Looks like another deception of his voters.
posted on February 19, 2005 02:18:40 AM new
:uring his campaign said he was going to stop frivolous and class action law suits not simply change their jurisdiction. Looks like another deception of his voters::
oh face it bigpeepa, this adminstration cant do anything that satisfies you. It was moved to the federal level because the courts are supposedly tougher. If he eliminated the CAL's altogether, then you'd be screaming like CF is about car makers,etc. You claim your concern is for the average joe. Well, look at most of the class action lawsuits. The average joe gets literally peanuts out of the deal, and the lawyers get to rubb their full bellies all the way to the bank.
posted on February 19, 2005 05:13:38 AM new
Oh you're so right dblfugged, and it couldn't possibly have ANYTHING to do with protecting big corporations!
This is taking away big business's responsibility for safety .
Yup, wait until your baby is injured because of a defective toy or car seat Hahaha! hope ya don't get a penny in compensation.
Afterall those safety features cost money and that money needs to go to the CEOs and stockholders and to hell with the death or disfigurement of you or your family.
Why should the CEO of a company be responsible for the crap he sells you ?????
[ edited by crowfarm on Feb 19, 2005 05:44 AM ]
posted on February 19, 2005 05:39:26 AM new
dbfugger9, this White House has a long track record of being deceptive to the American public and to the people that voted for it. This White House said it was going to put an end to bad law suites not just move the the jurisdiction of law suites. I am pointing out the difference between what this White House says and what it really does. Here is another 2 examples of deception. This White House said they were going to hire 2000 more Border Guards to protect our borders. Look into the matter yourself. What this White House said and promised about hiring 2000 border guards is just not going to happen. Then there is the matter where this White House paid money to reporters and columnist that promote and spread its propaganda. You need to remember I didn't make these boasts and promises to the American people to get their votes. I didn't pay any money to columist. I am just pointing out the difference between what the voters voted for and what they are getting for their vote.
posted on February 19, 2005 05:48:03 AM new
dbfugger9, one more point before I am off to work. No lawyer has ever awarded one cent in any law suite. Its a jury of Americans that finds guilt and awards the money.
posted on February 19, 2005 06:05:37 AM new
bigpeepa, ref the awards, yes i understand that - but have you ever been part of a cal?
(Jury of Americans?? On Many Class auctions suits it's just a judge! There is no jury!) The claimants in the suite get a paltry sum of money and the law firms makes huge, big buckeroos. They sent me a thing for MCI some years ago, who I had at the time and they did over bill or were at fault with their long distance charges slamming and whatnot. You know how much was awarded? Billions of dollars!! You know how much they sent to people they 'used' for the suit? 50.00 dollars a piece - maximum damage!! The lawyers got hundreds of thousands of dollars, if not millions. It's a friggen joke, in case you dont know. All they did was bancrupt MCI and put alot of people out of work.
And the other thing - any candidate for government always says what they would like to do, or what they want to see happen should they be elected, but in the real world concessions are made everyday. They have to work with the Senate and the Congress. If they could do everything they wanted, then they would be some kind of emperor. And not an elected official that has to work within the wonderful bureaucracy that we call our government.
..
[ edited by dblfugger9 on Feb 19, 2005 06:17 AM ]
posted on February 19, 2005 11:42:40 AM new
AND not all class action lawsuits have anything to do with 'big corporations'.
[from the WashingtonTimes]
February 19, 2005
Iowa court rejects illegal aliens' suit
By Jerry Seper
THE WASHINGTON TIMES
From the Nation/Politics section
The Iowa Supreme Court yesterday dismissed a class-action lawsuit brought by two illegal aliens against state officials who refused to issue them driver's licenses, unanimously upholding a lower court ruling that said illegal aliens had no legal right to obtain a license.
Filed under the pseudonyms of Juan and Maria Sanchez, a Des Moines couple in their early 30s who have three school-age children and have lived in this country for five years, the suit asserted that the state's refusal to issue the licenses violated rights guaranteed to illegal aliens under both the U.S. and Iowa constitutions.
The suit, filed in November 2000, was a class action on behalf of all illegal and undocumented aliens in Iowa who wanted or had sought driver's licenses.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Four More Years....YES!!!
posted on February 19, 2005 12:22:53 PM new
Linda, I was reading the other day, that Iowa is offering a no state tax to kids as an incentive for them to stay there!! And north Dakota offering incentives too! Sounds like the lawyers in that state needed some biznesss comeuppance! Pretty desperate! lol
posted on February 20, 2005 03:49:58 PM new Well, as usual linduh and libra, the-stuck-in-the-past-twins can't address my post.
Thats the pot calling the kettle black. Seems I remember Twelve starting a post asking you several questions CF. You refused to even respond to any one of them.
Must be nice living in your idealistic little cave in Minnesota.
Lawsuites with merit should be filed. Frivolious lawsuites like agains McDonalds should be banned.
A word to the wise ain't necessary, it's the stupid ones that need the advice."
- Bill Cosby
, I don't.]
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