This will infuriate you: Congress Wants to Do Something Absolutely Crazy- and corrupt

[cali]

Last edited Wed Jan 6, 2016, 12:30 PM - Edit history (1)

The combination of regulatory oversight and class-action litigation can keep companies in line. But a bill in Congress consisting of a little more than 100 words would not only prevent Kaplan from seeking justice but also cripple virtually all class-action lawsuits against corporations. It’s known as the “Fairness in Class Action Litigation Act,” but lawyers and advocates call it the “VW Bailout Bill.”

The bill, which will get a vote on the House floor in the first week of January, follows a series of steps by the judiciary to block the courthouse door on behalf of corporations. “There's no question the Supreme Court has ben moving in that direction to limit access to courts,” said Joanne Doroshow, executive director of the Center for Justice and Democracy. “But Congress has never done something like this, trying to step in and wipe out class-actions.”

The simplicity of the VW Bailout Bill belies the chaos it would create. Proponents like the U.S. Chamber of Commerce, the bill’s leading lobbyist, say they merely want to get rid of “non-injury” class-action cases, based on potential damages from defective consumer products or corporate actions that have yet to result in harm. Lawyers for class-action litigants argue that defective products deserve compensation even if the consumer hasn’t yet been injured.

But the bill goes much further, stating that courts may not certify class-action suits unless the plaintiff “affirmatively demonstrates that each proposed class member suffered the same type and scope of injury as the named class representative or representatives.”

“This is devastating because it sets up all class-actions to fail,” says attorney Lori Andrus, who represents several Volkswagen plaintiffs. If every class member must have the same type and scope of injury, it forces extensive proofs for class certification — essentially a full-blown trial up front, where plaintiffs will have to prove that their injuries match with their fellow representatives.

Much more:
http://www.thefiscaltimes.com/Columns/2016/01/04/Bailout-Volkswagen-Congress-Wants-Do-Something-Absolutely-Crazy

Please call your Representative

[cali]

1. Even more disgusting:

<snip>


Incredibly, the House is pairing the VW Bailout Bill with other legislation designed to limit corporate liability. The FACT (Furthering Asbestos Claim Transparency) Act would force public reporting of personal information of asbestos victims, in an effort to delay and limit compensation for their poisoning.

The Chamber of Commerce also supports the FACT Act, claiming it would prevent double-dipping by mesothelioma sufferers who may have been exposed to multiple asbestos-lined products. But the clear intent is to both chill victims from coming forward and delay their compensation. Because mesothelioma sufferers typically only live between four and 18 months after diagnosis, this would shift many victim claims to wrongful death, which has a lower payout rate. Corporations like Honeywell have financial reason to want victims of their use of harmful chemicals to die quicker, so they can pay their families less.

House passage of the VW Bailout Bill and FACT Act is likely, but the Senate could provide a roadblock. However, as we saw with the year-end omnibus, ideological bills that can’t otherwise pass on their own have a tendency to ride along with must-pass legislation and become law.

<snip>
http://www.thefiscaltimes.com/Columns/2016/01/04/Bailout-Volkswagen-Congress-Wants-Do-Something-Absolutely-Crazy

[ananda]

10. Bidness as usual.

Barf

[cali]

11. Yes, but it keeps getting worse faster and faster and more brazenly

[mrmpa]

13. Here you can have this public information on my Dad, an asbestos victim:

Date of Birth: 1929
Date of Death: 2000
Cause of Death: Mesothelioma

Employers: Department of the Navy
ConRail

[cali]

19. I'm so sorry.

[mrmpa]

39. Thank you very much............

He was too young. He died 21 days short of his 71st birthday. He had been in the Marine Corps for 15 years. He raised 4 kids and got to meet all of his 8 grandchildren, but never had the chance to be a great grandfather. Even though there's just a step great grand son, I think he would have fell in love with him as we all have.

He never got to see the Steelers win their 6th Super Bowl or the Pirates finally have a winning season. He never got to see his younger brother have his first birthday party at the age of 70, who had been born on Christmas Day, and due to this date never had a birthday party. This surprise party was in November of 2000, 10 months after died. He never got to celebrate his 50th wedding anniversary which would have been 2002. Above all, he never got to grow old with his wife.

[glinda]

66. I am sorry. My father also died possibly from Navy related illness.

He had blood cancer from exposure to benzene. He most likely would also still be living if not for the swift vile diagnosis.

[mrmpa]

69. That is vile............

and corporations want to return to those days when they did whatever they wanted with no legal recourse.

[LastLiberal in PalmSprings]

26. Insurance companies want to pay as little as possible...

as late as possible, if at all.

They delay, delay, delay in hopes the plaintiff will die.

In a post-Citizens United world, insurance companies own Congress critters.

Let's hope the President vetoes the bill, and there's not enough support to override it.

[spanone]

48. i'm awed by the sheer volume of television advertising that is selling insurance.

geico

metlife

progressive

new york life

john hancock

aflac

allstate

liberty mutual

etc. etc. etc.....

[villager]

54. Hence their vested interest in their *never* being a safety net. nt

[Dustlawyer]

68. +1!!! They have been taking away our rights a bite at a time!

They have manipulated public sentimate with cries of "frivolous lawsuits". Don't they know that not only do plaintiff attorneys not get paid, they eat all of the time and expenses put into the frivolousness case as well. Judges throw them out long before a jury would see them.

Caps on punitive damages that amount to carte Blanche to take more risk with worker safety. It's called bean counting, and it is alive and well again.

[Ed Suspicious]

2. "Fairness in Class Action Litigation Act" makes me want to activate my "Clear Stomach Initiative."

[cali]

3. This is insane.

[saturnsring]

8. this is republicanism

[cali]

9. This is corporatism. Democrats will vote for this too.

[dorkzilla]

20. +1

I’ve never been a “both sides do it” but its hard to tell Repub from Third Way.

We need Progressives more than ever.

[Oilwellian]

38. Third Way plus Republicans equals Fascism n/t

[tecelote]

28. +1

America needs to take a hard left turn.

[Ivan Kaputski]

36. +1

[cali]

4. Kick. It's not "sexy" but it's vitally important

[hobbit709]

5. Like we need more proof as to who owns our government-it ain't "WE THE PEOPLE"

[cali]

6. More info

The U.S. House kicks off its second session of the 114th Congress this week by taking up a piece of legislation -- what some are now describing as a “Frankenbill” -- that would make class action lawsuits on behalf of uninjured plaintiffs more difficult to bring.

Last month, that bill, H.R. 1927 or the Fairness in Class Action Litigation Act, and H.R. 526, the Furthering Asbestos Claim Transparency Act, were merged.

The mega-bill, now referred to as the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015, could get a vote by the House later this week.

According to GovTrack, which follows bills in Congress, the bill -- still referred to as H.R. 1927 -- is scheduled to be taken up by the House Committee on Rules Wednesday afternoon. The committee then is expected to send it to the House floor.

The legislation aims to reform the current federal class action lawsuit framework by requiring uninjured parties to be part of separate class action suits than those parties experiencing more extensive injuries.

According to data from the Administrative Office of the U.S. Courts, the legislation could reduce the number of class action suits filed and the number of plaintiffs in them, but also could increase the administrative burden on the courts.

“Only those people who share injuries of the same type and extent should be part of a class action lawsuit,” House Judiciary Committee Chairman Bob Goodlatte, R-Va., said when introducing the bill in April.

F. Paul Bland Jr., executive director of Public Justice, a group that pursues “high impact” lawsuits to combat social and economic injustice, contends the legislation is an attempt to strip consumers, workers, investors and others of the ability to enforce crucial laws.

<snip>
http://legalnewsline.com/stories/510656317-u-s-house-to-take-up-combined-bill-targeting-class-actions-and-asbestos-litigation-abuse-this-week

[Fast Walker 52]

24. fuck the GOP-- we have to get these psychopaths out of office

[cali]

25. GOP driven, but democrats will be voting for this too

This problem goes far beyond partisan politics

[Fast Walker 52]

51. sadly yes

But more Dems would help

[cali]

7. Congress is about to reward corporations for poisoning and killing Americans

[lostnfound]

12. I'd like to see both Clinton and Obama speak out strongly against this.

We already know where Bernie will stand. It would be great if there was Democratic unanimity on it.

[cali]

15. It's likely to pass, this piece of shit

Yes, Obama, Clinton and Bernie all need to be speaking up on this.

[Duppers]

23. +100

[kimbutgar]

14. This goes to show you how congress really cares more for their donors rather than the citizens

Of course this will not be reported in the right wing media.

This might be the most despicable, disgusting and reprehensible congress in my lifetime.

[cali]

16. Wholeheartedly agree. Hard to imagine it could be much worse

And the sponsor of this piece of shit is the repulsive Bob Goodlatte of VA

[sarge43]

17. The fix is in. n/t

[cali]

18. The fix keeps getting further entrnched

[cali]

21. Kick

[Punkingal]

22. Kick

eom

[Rotegard]

27. What do you expect from a pig than a grunt?

[cali]

30. What I expect has nothing to do with it and doesn't mitigate my outrage or disgust

[Uncle Joe]

29. Kicked and recommended.

Thanks for the thread, cali.

[Bettie]

31. Disgusting

and it will probably pass because even Dems are owned by corporate interests.

Maybe Obama won't sign it.

[Agnosticsherbet]

32. Fortunately, we have Obama in the White house and not Trum/Cruz/Bush or any Republican.

I see this more as a plea to the COC and other moneyed interests for donations, but come 2017 if Republicans win.

[cali]

33. Yes, it's better that Obama is in the White House

And it's largely not his fault that corporatism has gotten worse during his tenure, but he is not exactly a warrior against it.

[Agnosticsherbet]

35. To fight it we have to have control of Congress. The President is limited to what he can do

without legislation.

[cali]

41. True, but let's face it, the administration is pushing the corporate gift that is the TPP

The TPP indisputably favors corporations over the public welfare and the administration allowed corporate interests to craft it.

[AzDar]

34. K & R

[vkkv]

37. Republicans consistently do the EXACT OPPOSITE of what I would

consider to be good government..

How about some ACA improvements?

Prison / Crime reform?

Big Pharma regulations?

Fill some circuit court positions with Obama admin. nominees?

Medical marijuana?

Gun control?

[cali]

42. Again, this extends beyond republicans

[Babel_17]

40. Seems targeted with one goal in mind (nt)

[turbinetree]

43. And just for more fun and games.......................

these bought off corrupt jerks and jerkiest will get to finish everyone off with there vote when it comes to TPP-------------------it's not like they don't have the knife in the back deep enough now, after they get back from there fun filled vacation of getting more corruption money and bribes, they just want to twist it in deeper, they just don't care about anything, they really don't care------------------it's about greed and no accountability unless it's to there master, they really have no shame---------------none, and will the general public hear anything about this on MSM------------------------nope its not enough to get ratings for the same corporate masters and the greed.

I swear they need to wear NASCAR sponsorship suits on themselves, I think that should be a campaign slogan.




Honk-----------------for a political revolution it is about getting a progressive U.S. Supreme Court, Congress, State and Local Legislatures


Bernie 2016

[cali]

44. kick for asbestos victims of corporate greed

[sonofspy777]

45. Disgusting

They have no shame!

Let's clean their clocks in November!

[Blue_Tires]

46. not surprised...

I'm guessing Tennessee congresscritters are cheap to buy...

[cali]

47. kick

[ChisolmTrailDem]

49. They just make this shit up as they go don't they? Must be nice to make your own rules...

...on the fly like that so that yet another corporation gets off easy. As Dylan Ratigan used to say "Our representatives are bought and paid for."

[Angry Dragon]

50. I sit here and jsut shake my head

[randys1]

52. If the GOP or teaparty get the WH next year, you will not be able to sue any corp. Ever. Waikiki

Beach and Yellowstone will be private property.

Just the beginning.
So, if this outrages you I assume you will do EVERYTHING in your power to make sure WHOEVER the dem candidate is, wins.

You will register new voters too, hopefully

[cali]

53. Again, although this is republican led, it's not only republicans

It's dangerous to turn a blind eye to the corporatism infecting the dem party

[randys1]

55. You just alleged there are Democrats voting for this, while that wouldnt surprise me

please tell me who they are.

[cali]

56. I don't know who they are. I do know that everyone expects it to pass

Obviously that can't happen without dem votes. It's hardly news that there are dems who side with corporations over the public.

[randys1]

57. One party would pass this and one wouldnt. We both know that

[cali]

58. Again it can't pass without dems. Of course the republicans are worse

but there are plenty of corporate dems. Only one of us knows that.

[randys1]

59. No, only one PARTY would pass this, do you disagree with that?

Do you understand the distinction I am making?

[cali]

62. What part of it can't pass without dem votes eludes you?

[pangaia]

60. Maybe Bernie should get on this and add it to his message..

[OxQQme]

61. Yup, There they are again...

U.S. Chamber of Commerce just may be a major player in a shadow government imho

[slipslidingaway]

63. "Please call your Representative" words we seldom read on DU anymore ...

but this was normal on DU years ago!

[Unknown Beatle]

64. As if we needed more proof that congress is completely

and utterly corrupt, this bill nails the coffin shut.

[Enthusiast]

65. See this? MORE BULLSHIT!

[glinda]

67. Kick

[Major Hogwash]

70. Banning these kinds of lawsuits would cripple the economy eventually.

Because corporations would just start putting out junk that doesn't work at all, or is totally unsafe.

[Botany]

71. 1 word

veto

[raouldukelives]

72. Another day in the most democracy shareholders will allow. nt