Senate OKs Limit on Class Action Lawsuits

[G_j]

http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2005/02/10/national/w123626S32.DTL

Senate OKs Limit on Class Action Lawsuits

By JESSE J. HOLLAND, Associated Press Writer

Thursday, February 10, 2005

(02-10) 12:48 PST WASHINGTON, (AP) --

The Senate on Thursday gave President Bush the first legislative victory of his second term by approving legislation to help shield businesses from major class action lawsuits.

Under the legislation, long sought by big business, large multistate class action lawsuits like the ones that have been brought against tobacco companies could no longer be heard in small state courts. Such courts have handed out multimillion-dollar verdicts.

Instead, the cases would be heard by federal judges, who have not proven as open to those type of lawsuits.

The Senate passed the bill 72-26. The House is expected to take it up next week and send it to President Bush for his signature.
..more..

+++++++++++++++++++++
concerning this legislation:

Public Citizen Press

Feb. 9, 2005

Senate on Track to Lock Consumers Out of Courthouse, Invite More Market
Deception

Statement of Public Citizen President Joan Claybrook

By defeating amendments that would make the class action bill fair to
consumers, the Senate made it exceedingly clear that its allegiance lies
with banks, credit card companies, drug manufacturers, big insurance
companies and other major corporations that fund campaigns and don’t
want to be held accountable for wrongdoing.

The result of this legislation, if enacted into law, will be more abuse and deception of consumers by unscrupulous businesses, because consumers will be locked out of the courthouse.

This bill creates a classic Catch-22 for consumers. Congress will be telling consumers that class actions based on state law must be heard in federal court, but the doors to the federal courthouse will be locked. Federal judges typically don’t allow such suits to go forward; they view them as unmanageable because they are based on a variety of different state consumer protection laws. The Feinstein- Bingaman amendment would have allowed federal judges to hear these cases, but its defeat ensures that corporate lobbyists will achieve their desired results: the elimination of virtually all class actions of significance. This will occur because there is no federal consumer protection law consumers can use to seek remedies.

If this bill is enacted, as it appears it will be, corporate wrongdoers will have a green light to lie, cheat and steal without fear of being held to account. The phrase “consumer beware” will once again be the law of the marketplace.


http://www.citizen.org/pressroom/release.cfm?ID=1874 .

For more information on class actions,
http://www.citizen.org/congress/civjus/class_action /

[Yosie]

1. I have to disagree with Joan Claybrook

My experience is that "most" Federal Judges are sharper then "most" State judges, you have one judge "manage" the case from filing to final disposition, and the "differing state laws" issue is not overwhelming-- see, e.g., "Hart and Wechsler's the Federal Courts and the Federal System" (University Casebook Series) by Richard H. Fallon, et al.

In the big civil rights litigation era of my mis-spent youth we tried to stay out of state courts and get into Federal courts.

[Itsthetruth]

3. How They Voted

[G_j]

2. *Senate Roll Call:

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00009

YEAs 72
NAYs 26
Not Voting 2

Grouped By Vote Position YEAs ---72

Alexander (R-TN)
Allard (R-CO)
Allen (R-VA)
Bayh (D-IN)
Bennett (R-UT)
Bingaman (D-NM)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burns (R-MT)
Burr (R-NC)
Cantwell (D-WA)
Carper (D-DE)
Chafee (R-RI)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
DeWine (R-OH)
Dodd (D-CT)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Feinstein (D-CA)
Frist (R-TN)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagel (R-NE)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Jeffords (I-VT)
Johnson (D-SD)
Kohl (D-WI)
Kyl (R-AZ)
Landrieu (D-LA)
Lieberman (D-CT)
Lincoln (D-AR)
Lott (R-MS)
Lugar (R-IN)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Obama (D-IL)
Reed (D-RI)
Roberts (R-KS)
Rockefeller (D-WV)
Salazar (D-CO)
Schumer (D-NY)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stevens (R-AK)
Talent (R-MO)
Thomas (R-WY)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)

NAYs ---26
Akaka (D-HI)
Baucus (D-MT)
Biden (D-DE)
Boxer (D-CA)
Byrd (D-WV)
Clinton (D-NY)
Corzine (D-NJ)
Dayton (D-MN)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Inouye (D-HI)
Kennedy (D-MA)
Kerry (D-MA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Pryor (D-AR)
Reid (D-NV)
Sarbanes (D-MD)
Stabenow (D-MI)
Wyden (D-OR)

Not Voting - 2
Santorum (R-PA)
Sununu (R-NH)

[G_j]

4. list of Dem YEAs (& Jeffords)

Bayh (D-IN)
Bingaman (D-NM)
Cantwell (D-WA)
Carper (D-DE)
Conrad (D-ND)
Dodd (D-CT)
Feinstein (D-CA)
Jeffords (I-VT)
Johnson (D-SD)
Kohl (D-WI)
Landrieu (D-LA)
Lieberman (D-CT)
Lincoln (D-AR)
Nelson (D-NE)
Obama (D-IL)
Reed (D-RI)
Rockefeller (D-WV)
Salazar (D-CO)
Schumer (D-NY)

[98geoduck]

7. Pretty much a list of Corporate controlled Dems. Obama, Hmmmm???

[wuushew]

8. Behold Lieberman sells out again

what are these important liberal issues that his defenders insist he votes on? His voting record appears to be one disaster after another.

[johncoby2]

5. Well as wees heres in Texas say....

Good F*&^in luck!

If your home is one of 4 million that has hardboard siding that falls apart after 5 years (www.masoniteclaims.com) good F*&^in luck.

Geez.

[moondust]

6. As long as we're into regulating compensation

how about CEO compensation next? OK?

[napi21]

9. I think we need more info on this before bashing it.

I know a little bit about class action suits from experience at my last employer. Without going into too much detail, there were some vicious, and proved untrue, rumors circulated about this company, and their stock price fell from $45 to $2. !! suite were filed by stockholders and consolidated into one class action. The end result was...again...the lawyers got rich, and the stock holders got something like $.35 a share.

I'm not sure what this bill covers, but I can sure tell you that the only people who ever win in a class action is the lawyers! If this will help curb that, it's not a bad thing.

[Doremus]

10. WTF does it take for the Dems to vote as a bloc?

Notice OF COURSE that the repugs ALL voted for passage.

As long as our limp biscuits keep swaying in the wind we will never progress.

Get the suckups OUT.

[depakid]

11. It takes a strong Green Party

and candidates who will CAUSE THEM TO LOSE ELECTIONS.

These sell outs are even more insidious than Republicans and are the reason responsible progressive policies have fallen by the wayside- and are also the reason why democrats look to be the declining minority party for the foreseeable future.

[Jacobin]

12. Simple. Outbid the business interests for their votes

"Campaign Contributions"---nice euphemism for bribes, no?

Best Democracy Money Can Buy>