Corporatism is getting worse. I can prove it. That is why I support Bernie
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.
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http://legalnewsline.com/stories/510656317-u-s-house-to-take-up-combined-bill-targeting-class-actions-and-asbestos-litigation-abuse-this-week
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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.”
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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.
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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.
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http://www.thefiscaltimes.com/Columns/2016/01/04/Bailout-Volkswagen-Congress-Wants-Do-Something-Absolutely-Crazy
More.proof:
http://www.thefiscaltimes.com/Columns/2015/08/28/How-Government-Rolling-Over-Big-Banks-Again
http://www.thefiscaltimes.com/Columns/2015/11/20/Congress-Making-It-Even-Harder-Crack-Down-White-Collar-Crime
Hillary cannot be trusted on these issues.
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