AIA Urges Senate to Complete Work on Long Overdue Major Legal Reform

July 6, 2004

  • July 8, 2004 at 4:28 am
    Paula says:
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    The article ends with this quote that makes it seem rather cut-and-dried:

    “The Class Action Fairness Act will make class action lawsuits simpler, fairer and faster for all involved. This bill is meaningful, balanced and bipartisan.”

    I thought I’d do a quick search to see what opponents of the bill have to say, and found a list of opponents that includes AARP and the American Cancer Society. ( http://tinyurl.com/2ry5s ) On the same site, I found this counter-quote by Sally Greenberg, Senior Legal Counsel at Consumers Union ( http://tinyurl.com/3fub4 ):

    “Despite its name, we believe that the bill is blatantly unfair to consumers. With federal courts already overburdened, it is difficult to see how pushing more class action lawsuits to the federal courts helps anyone but corporations and their executives who want to delay or deny relief to citizens they may have injured. This legislation doesn’t address those instances of abuse in the class action process that hurt consumers, such as collusive settlements where consumers get only coupons toward future legal services for which they must pay. But it does allow corporate lawyers to tie up cases for years in the class certification process.

    So many non-profit groups – including those that work on behalf of consumers, minority groups, and the elderly and disabled – as well as members of the legal community – including the Judicial Conference, State Attorney Generals, and law professors – spoke out against this bill. Unfortunately, big business won this vote.”

    Forum-shopping is an issue, but having read allegations that companies are forum-shopping in favor of pro-business courts/procedures, I’m realizing this issue is far from cut-and-dried.



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