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Monheit Law : Blog Home : 2005-02-02 : Article

NEW YORK TIMES EDITORIAL: CLASS ACTION LAWSUITS

"Tort 'reform' is in the eye of the beholder. In the
name of reforming the nation's civil justice system,
and with scant public debate, President Bush and
Congressional Republicans are racing to reward
wealthy business supporters by changing the rules for class-action lawsuits. Their real objective is to
dilute the impact of strong state laws protecting
consumers and the environment and to make it harder
for Americans to win redress in court when they are
harmed by bad corporate behavior. The proposed
legislation, the so-called Class Action Fairness Act,
will be taken up by the Senate Judiciary Committee,
with a vote by the full chamber expected as early as
the week of February 7. Under the bill's sweeping
provisions, nearly all major class-action lawsuits
would be moved from state courts to already stretched
federal courts....In a revealing but disappointing
move last year, the measure's proponents rejected a
balanced compromise that would have broadened federal jurisdiction while preserving the role of state
courts in cases that are more local than national in
flavor. Despite some useful provisions aimed at
genuine abuses, the bill would reduce the
accountability of corporations that violate laws
protecting employees, consumers and the environment."
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