Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Personal Injury

    11/3/2008
    James R. Carroll, Jr., Esquire
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    Consumer, plaintiffs' groups seek to end limitations on lawsuits


    The Wall Street Journal (11/3, Timiraos) reports that in "a new aggressiveness by the plaintiffs' bar after years on the defensive," both "plaintiff and consumer groups, buoyed by prospects of a Democratic president and expanded Democratic majority in Congress, are preparing a big push for legislation that would roll back limitations on personal-injury and class-action lawsuits." They seek to limit s on "companies' use of federal regulations as a shield from litigation under state law, and laws to end mandatory arbitration in consumer contracts." In fact, "The centerpiece of the AAJ's agenda is its opposition to 'pre-emption." While "President Bush often complained about excessive lawsuits choking the American economy...many of his proposed changes -- limits on fees and big payouts -- were often stymied by trial lawyers." Now, "pro-plaintiff groups see an ally in Sen. Obama."

       
         Business said to favor McCain on lawsuit limits. 

    Washington Times (11/1, Ramstack) reported, "The Chamber of Commerce has called for legislative curbs on lawsuit abuse, or tort reform, for years," and now "John McCain and Barack Obama have added their voices to complaints about how lawsuits have gone too far." However, "business groups tend to support Mr. McCain's proposals on lawsuit abuse more than Mr. Obama's ideas." Obama's "record on tort reform consists more of statements in favor of it than votes on the issue, compared with Mr. McCain, who has had a much longer legislative career." Lisa A. Rickard, president of the Chamber's Institute for Legal Reform, said "When it comes to issues of legal reform, McCain is stronger on those issues."



    Labels: preemption tort reform,


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