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Thursday, February 17, 2011

New Group In Congress Pushes To Change Legal System

From Law.com:

New group in Congress pushes to change legal system


David Ingram



Daily Business Review

February 15, 2011

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PrintShareEmailReprints & PermissionsPost a Comment Conservative lawmakers are organizing in a more formal way to promote an array of changes to the civil justice system, including proposals related to medical malpractice reform, venue and federal pleading standards.



Six U.S. House members said they're starting a Congressional Civil Justice Caucus. Like other alliances formed on specific issues, the caucus won't have specific authority, but its members hope it will be a vehicle for organizing and debate.



The formation comes as Republicans have put changes to medical malpractice liability at the top of their agenda. The House Judiciary Committee debated but did not vote on a bill last week that would cap non-economic damages. Plaintiff lawyers and consumer groups are opposing the bill.



"Excessive and frivolous litigation and inefficient rules and procedures drain U.S. companies of desperately needed resources and hinder job growth and innovation," U.S. Rep. Bob Goodlatte, R-Virginia, co-chairman of the new caucus, said in a statement.



The other co-chairman is U.S. Rep. Dan Boren, D-Oklahoma, who is among the most conservative Democrats in the House. Two other conservative Democrats, U.S. Reps. Jim Matheson of Utah and Collin Peterson of Minnesota, are founding members, along with Republican Reps. Lamar Smith of Texas and Trent Franks of Arizona.



A statement from the group argues, "American businesses are being forced to devote more and more of their vital resources to defending frivolous lawsuits." They say they want to promote understanding of "how civil justice issues affect the free enterprise system."



Opponents of the Republican-led legislation say the caucus sounds like its real goal is to protect corporations from liability.



"I'm not sure they're interested in civil justice. I think they may just be interested in shielding corporations from the only place they can be held accountable, the courts," said Christine Hines, consumer and civil justice counsel at Public Citizen.



Lisa Rickard, president of the U.S. Chamber of Commerce's Institute for Legal Reform, released a statement supporting the caucus as a "welcome new voice" on Capitol Hill.



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