http://www.washingtonpost.com/wp-dyn/articles/A33211-2005Feb17.htmlVictory For Bush On Suits
New Law to Limit Class-Action Cases
By John F. Harris
Washington Post Staff Writer
Friday, February 18, 2005; Page A01
President Bush will sign legislation this morning to rewrite the rules for class-action lawsuits, a measure he has coveted for years and whose swift passage in the new Congress illustrates the expanded influence of Republicans and their business supporters.
The Class Action Fairness Act is designed to funnel most such lawsuits from state courts to the federal system -- a procedural change that could have substantive implications, because federal courts traditionally have been less sympathetic to class-action cases waged by plaintiffs claiming they have been victimized by fraud or negligence by corporations.<snip>
Bush's first legislative victory of his second term came after a lopsided vote yesterday in the House, where most Republicans and many Democrats approved the bill by 279 to 149.
Rep. John Conyers Jr. (D-Mich.), who led the opposition in the floor debate, warned: "This is not a simple procedural fix. Moving the cases to federal court will result in many cases never being heard."
Ultimately, however, the skepticism of many Democrats to this argument pushed the measure to passage. In the Senate, the new rules for class-action suits were supported by Democrats with generally liberal voting records such as Sens. Christopher J. Dodd (Conn.), Dianne Feinstein (Calif.) and Charles E. Schumer (N.Y.). They agreed with such advocates as the U.S. Chamber of Commerce that waging class-action lawsuits amid a patchwork of state laws produces irrational verdicts and invites abuse by plaintiffs' attorneys filing lawsuits in certain courts known to be sympathetic to the cases, no matter if there is any particular logic to hearing the case in that jurisdiction.<snip>
Opponents argued to no avail that federal courts are ill-equipped to handle class-action suits, which usually revolve around questions of state consumer protection laws. Federal judges, citing confusion about how laws from multiple states should be applied in cases, often refuse to "certify" a case for hearing in their courts.
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