Selling Off Rights

The US Senate passed a bill that will limit class action lawsuits:

The Senate approved a measure to help shield businesses from major class action lawsuits on Thursday, giving President Bush the first legislative victory of his second term.

Under the legislation, long sought by big business, large multistate class action lawsuits like the ones that have been brought against tobacco companies could no longer be heard in small state courts. Such courts have handed out multimillion-dollar verdicts.

Instead, the cases would be heard by federal judges, who have not proven as open to those type of lawsuits.

Worse still, the legislation passed comfortably (72-26)--in other words, some Democratic Senators proved they can pander to big business as much as their colleagues across the aisle.

I've yet to see ANY genuine data indicating that so-called frivolous lawsuits burden taxpayers or consumers. I've seen a lot of bullshit coming from the pResident on down through the ranks of well fed individuals who'd just as likely go apeshit if THEIR day in court was denied. These same folks routinely pass along urban myths as if they're gospel truth--like the MacDonald's case. And with the help of corporate lobbying and campaign dollars, they've now convinced the US Senate to reduce citizens' rights.

The fact is that judges can--and do--dismiss tort claims as baseless. A halfway decent lawyer employed by a corporation (and yes, corporations employ legal counsel for this and all kinds of other things) can get an immediate dismissal if the claim is without merit. This is simply trampling on rights--and is fully consistent with the record of George W. Bush:

"Texas has gone from one of the most friendly states for consumer protection to one of the most anti-consumer states," said University of Houston law professor Richard M. Alderman, an expert on consumer rights. "It all began in 1995. Bush oversaw a significant retreat for consumer protection, and it was all done under the guise of attacking 'frivolous' lawsuits."

The impact has been felt by home buyers such as Mary and Keith Cohn, whose elegant new residence in this well-off Houston suburb came with a leaky roof that led to rotting and moldy wallboard throughout the structure. After their daughters became ill, the Cohns moved out. The repairs ultimately cost more than $300,000.

To their astonishment and dismay, they learned that when the builder refused to repair most of the damage, they could not sue him for redress. Instead, they could pursue private arbitration, a process they considered stacked against them.

More here.

The right to be heard in court should be basic--it's the foundation of the phrase "a nation of laws, not men."