Tracking Trial Lawyer Earmarks
February 20, 2009
Trial lawyers were big bankrollers of the strengthened Democratic majority in Congress and the Obama campaign. What’s the payback? Quin Hillyer of the Washington Examiner, in conjunction with the Institute for Legal Reform, has an article tracking a few trial lawyer earmarks making their way through Congress and into law. Some highlights:
“The economic stimulus package … contained a provision expanding class-action lawsuits on medical records.”
“Another new bill recently introduced in Congress would eliminate arbitration between consumers and creditors and replace it with court suits.”
“ … proposed changes to the federal government’s False Claims Act….[pose] a huge danger to mom-and-pop businesses and to charities as well….The extended limitations for the Fair Claims Act would mean that every charity, university or small business that handles any government money would face an administrative nightmare of record-keeping for years on end, just to guard against any retroactive lawsuit …”
“ … if the EPA rules that car exhaust ‘endangers’ public health, aggressive lawyers might start using that determination to blame automakers and gasoline companies for all sorts of lung or respiratory problems, meaning the spate of lawsuits could make the infamous asbestos-related litigation seem like child’s play.”
The proposed Paycheck Fairness Act “would enable trial lawyers to shake down business for awards many times as expensive as the wages in dispute. Because the bill removes all limits on both compensatory and punitive damage awards, the proposal provides big incentives for more lawsuits.”