Sponsors Press Class Action Reform Bill Passage

NU Online News Service, July 7, 4:26 p.m. EDT, Washington?Sponsors of a bill designed to reform the class action litigation system?a top priority of the insurance industry?called for its swift passage Wednesday in a Capitol Hill press conference.

As the Senate prepares to again debate the legislation, Sens. Charles Grassley, R-Iowa, Herb Kohl, D-Wisc., and Thomas Carper, D-Del., called on their fellow lawmakers to avoid letting a brouhaha over potential amendments to the bill halt its progress. At the press conference, the senators were flanked by three alleged victims of class action lawsuit abuses.

The senators met with reporters amidst concerns that too many amendments will sink the legislation. Senate Majority Leader Bill Frist, R-Tenn., has sparred with Democrats over the possibility of non-germane amendments being added to the bill.

He noted that the debate over such amendments during the "abbreviated" remaining time on the congressional calendar would effectively doom its chances for passage.

The Democrats have asked Sen. Frist to ensure a "fair and reasonable debate" on potential amendments, but he has held to a hard line on limiting the number allowed.

"The one sure way to kill this bill is to attempt to close off debate" on amendments, Sen. Carper said at the press conference, adding that the measure's Democratic supporters "will not allow the debate to go on endlessly."

Sen. Kohl also questioned Sen. Frist's hard-line stance, saying that if the majority leader would allow for only one non-germane amendment to the bill, then it might lose the support it needs for cloture on the bill, thus exposing it to a potential filibuster.

"Why would he throw down the gauntlet in that manner, knowing that it would likely bring down the bill?" Mr. Kohl asked.

Sen. Grassley countered that Sen. Frist's view was a political need, and if Democrats were allowed to introduce a non-germane amendment then Republicans would also demand to be allowed one, and that two amendments for Democrats would lead to a total of four and so forth.

Both the Democratic sponsors and Sen. Grassley said they understand the opposing side's view, and Sen. Grassley noted that the press conference featured "three senators that don't want to play political games."

"I just hope goodwill will prevail and we'll move on," he said.

The timing of the bill also came into question, with it moving to the floor just as Sen. John Edwards, D-N.C., a trial lawyer by trade, was named as the vice presidential nominee for the Democratic party. Sen. Kohl said it was a "coincidence," advising that, "the dominoes just happened to fall that way."

Sen. Kohl said Sen. Edwards as a lawyer would be unaffected by the attempts to curb abuses in the system, saying that "no person in their right mind," would suggest that Sen. Edwards was the type of lawyer the bill was designed to combat.

Sen. Grassley expressed confidence that, outside of the debate on non-germane amendments, the measure would pass the Senate. On germane amendments, he said, "we've got a bipartisan group that would stop that from happening."

He also countered the arguments made by those opposing the bill that it limits the rights of consumers to have their day in court, saying that such changes to the law have to be made to ensure that the system is not abused, applying the same argument to other subjects that have been stymied in the Senate.

"I think we make very good cases for asbestos, class actions and medical liability," he said.

Special Reports /

Sponsors Press Class Action Reform Bill Passage

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