Class-Action Bill Near Enactment
House Action, Bush Signature Set to Follow Senate Passage
By John F. Harris
Washington Post Staff Writer
Friday, February 11, 2005
Major legislation revising the rules by which class-action lawsuits are waged will be headed as early as next week to the White House for President Bush's signature, as easy Senate passage yesterday gave Bush and business groups a long-sought victory they asserted will result in fewer meritless cases clogging the courts.
The Senate passed the bill 72 to 26, as many Democrats joined most Republicans in passing the measure, which will funnel class-action suits with plaintiffs from multiple states out of state courts and into the federal system.
Senate Majority Leader Bill Frist (R-Tenn.) said the passage indicated that bipartisanship is still possible in the Senate, despite several years in which partisan warfare has thrived and relationships across the aisle have frayed. He specifically praised his Democratic counterpart, Minority Leader Harry M. Reid (D-Nev.), who opposed the measure, for not using procedural tactics that might have stalled the measure even with majority support.
"Harry and I had a commitment to work together," Frist said.
Sen. Ben Nelson (D-Neb.) said he hopes the class-action measure "is an example -- I hope it is a template" for more cooperation in the future.
Another Democrat, Sen. Herb Kohl (Wis.), said the measure will take aim at "forum-shopping," in which lawyers file cases in localities where judges and courts are known to be sympathetic to plaintiffs, regardless of whether there is any logic to hearing the case there. "Every bill with merit will still go forward," he said.
Opponents, including many state attorneys general and consumer groups, vigorously dispute this point. The failure of the amendments, said Sen. Patrick Leahy (D-Vt.), showed that "the fix is in" and that the Senate has been "reduced to taking its marching orders on major legislation from corporate special interests and . . . allies in the White House."
Joan Claybrook, head of the consumer group Public Citizen, warned that yesterday's action "has given banks, credit card companies, insurers, HMOs, drug manufacturers and other big corporations a green light to defraud and deceive consumers without fear of being held accountable."
http://www.washingtonpost.com/wp-dyn/articles/A14597-2005Feb10.html