Tort reform attracts strange bedfellows in Washington, action in states.
Among the measures considered from the Republicans' "Contract with America" last session, few attracted stranger coalitions in Washington than tort reform.
Proponents of federal reform included the Girl Scouts, volunteer firefighters, Little League Baseball, insurance trade groups, Jack Kemp and George McGovern.
The American Trial Lawyers Association, the American Bar Association and numerous consumer groups comprised the opposition, and headlines focused on hot coffee, flag making and laments for Exxon.
Ironically, while the odd assortment of lobbyists in Washington debated the merits of relatively limited federal activity, major news organizations virtually ignored significant and expansive tort reform legislation in the states.
To date, 43 states have already passed statutes to reform civil laws. At least 20 states approved tort reform measures in 1994 and early 1995 including major packages in Texas, Illinois, Indiana, Wisconsin and New Jersey. Dozens of bills await legislative attention this fall.
As with federal tort reform, Republican victories in the 1994 elections spurred much of the recent state activity. Of the five states that passed significant reform bills, four have Republican-controlled legislatures and four have GOP governors.
In Illinois, where Republicans now control both houses of the General Assembly, Governor Jim Edgar recently signed what one advocacy group called the most comprehensive tort reform bill ever considered by a state legislature. The statute eliminates joint and several liability, limits punitive damages to three times economic damages, caps noneconomic damages at $500,000 and restricts liability for medical malpractice and faulty products.
In Texas, Governor George Bush signed six statutes that cap punitive damages, restrict joint and several liability, limit liability for medical malpractice and grant limited immunity for state and local governments. Additional legislation requires insurance companies to grant rate reductions to...
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