Skip to comments.Senate committee passes tort reform bill
Posted on 02/04/2005 9:46:09 AM PST by neverdem
THE WASHINGTON TIMES
Published February 4, 2005
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.
(Excerpt) Read more at washtimes.com ...
Has anyone heard John Edwards' response? </s>
"There are two kinds of lawsuits..."
WOW ... That was fast .. LOL!!
Even a blind squirrel finds a nut once in awhile.
Go Bush Go
Does anyone know if this bill deals with asbestos and silica class action lawsuits?
Next needed is limits on awards for non-economic damages; i.e. pain & suffering.
Another head-in-the-sand dem with presidential aspirations.
John Edwards is deeply saddened.
Who were the Nay's?
An alarm bell just went off: isn't that what Specter wanted?
Thank God he's not on that committee any longer; he was so unimportant, the Democrats didn't even name somebody to replace him.
He was just there long enough to smear Charles Pickering.
I hear Johnny was back up in NH campaigning for 08
I'll never forgive Edwards for his deliberate manipulation of the facts. As a lawyer he KNEW what he was doing was WRONG, but as a dem he went right ahead, attacked, and slandered a good man.
can we include the ACLU with this group
GOP needs to keep it up while they are on the roll, Dems won't know what hit them.
Folks are cheering this? Maybe it's just me, but I remember when Conservatives believed in limited federal government and state's rights.
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.
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.
Denny Crane: "There are two places to find the truth. First God and then Fox News."
The Dems are gonna whine and complain anyhow .. might as well just go for it
BRING IT ON!!!
I would also like to see punitive damages to be awarded to the State.
I don't know about this bill but Bush's State of the Union speech mentioned it a couple of nights ago.
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!
Class Action Fairness Act of 2004
Bill # S.2062
Charles Grassley (R-IA)
Cosponsor Total: 14
(last sponsor added 06/24/2004)
About This Legislation:
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.
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. :-)
Thank you President Bush! I'll thank the Senate once it's passed, but thrille dit got out of committee.
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.
Generic tort reform, medical tort reform, firearm tort reform...it's all coming.
The Right steamrolls on!
Didn't we hear rats like DEAN saying this country is in crisis, now there saying we have no crisis since Bush got reelected.
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....
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:
"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.
We also got some help from SCOTUS, too:
You know, Ronald Reagan's quote about the arms race sometimes comes to mind vis-a-vis judicial activism...
Who's John Edwards? Is that that psychic guy to TV?
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....
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.
IIRC he just got some job - but I didn't get the details.
"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.
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
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?
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