Bush is pressuring Congress to quickly pass a bill to shift class-action claims from state to federal courts, which are seen as friendlier to
business. Called the "Class Action Fairness Act," the bill has been denounced by consumer groups including the AARP, environmental groups, labor and
civil-rights groups, including the AFL-CIO and the NAACP, and a number of Democrats on the Judiciary Committee. Also fighting the measure are a
coalition of 15 attorneys general, and state and federal judges. The bill is expected to pass.
President Bush pressured Congress on Wednesday to act swiftly to pass legislation restricting class-action lawsuits, arguing that "frivolous"
claims harmed economic prosperity.
On Capitol Hill, senators debated and defeated a number of suggested amendments to the bill, known as the Class Action Fairness Act. The measure would
move a significant number of consumer-protection suits and other class actions from state to federal courts, which are considered friendlier to
business.
The bill, which came close to passing Congress last year, is on a fast track for Senate approval by the end of the week.
Business groups, including the U.S. Chamber of Commerce, strongly support the class-action legislation, which they claim will help prevent settlements
in which lawyers collect huge fees while consumers get little or nothing.
Opponents say the bill would make it harder for ordinary citizens with limited resources to take on corporations with unfair business practices.
"In its current form, this bill is just another example of the administration's misguided priorities - putting the interests of big companies ahead
of America's working families," said Sen. Edward M. Kennedy (D-Mass.), who offered an amendment, which was defeated, that would have allowed civil
rights and labor lawsuits to stay in state court.
latimes
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...critics claim the bill would make it too difficult for wronged citizens to have their day in court and see justice meted out. On Monday, attorneys
general of 15 states sent a letter to the Senate leadership arguing that the bill as it stands would "result in far greater harm than good."
"If you're a community that's suffering from groundwater contamination or an oil spill or a tank explosion or air contamination from nearby factory
farms, you may have to wait for years to even get your case heard, much less be given a fair chance from an unbiased judge to have your injuries
redressed."
Mulhern argues that the Bush administration is rigging the judicial system so it's harder for citizens to hold corporate culprits accountable on the
full gamut of civil concerns - not just environment and public health, but also consumer protection, civil rights, and labor issues. "It's that
sweeping," she said.
Howls of protest are being heard from environmental activists, labor and civil-rights groups, including the AFL-CIO and the NAACP, and a number of
Democrats on the Judiciary Committee, including Sen. Richard Durbin (Ill.), who said during a hearing on the bill last week, "This isn't the Class
Action Fairness Act - this is the Class Action Moratorium Act."
Class Action Moratorium
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This bill takes legal power away from states, gives it to the federal courts, and makes federal big government bigger.
The National Conference of State Legislatures said the proposed civil justice reform "undermines our system of federalism, disrespects our state
court system, and ... sends a disturbing message to the American people" that state courts cannot be trusted.
For some months, a coalition of 13 attorneys general, including New York's Eliot Spitzer, has been hammering away against the move as unfair. Also
fighting the measure are state and federal judges, and a host of consumer groups, including the AARP.
A Serious Misnomer: The Class Action
Fairness Act
The so-called "Class Action Fairness Act" passed the Senate today, and now is going back to Congress. Bush has asked Conress to move it through
quickly.
At one time, Republicans valued the autonomy of individual states and fought against the federal government usurping state powers. No longer. The
Republican party has changed. Now it supports big government and international corporations instead of freedom for ordinary people.
.
[edit on 10-2-2005 by soficrow]