Before we can free our political system from the grip of a special interest, we must free our culture from the distorted myths told by the plaintiffs’ bar. These seven measures would go a long way toward reforming the stranglehold the plaintiffs’ bar has on our society. But one more area still needs to be addressed:
1. Eliminate the doctrine of joint-and-several liability, at least for non-economic damages.
2. Congress and the courts need to impose and follow rational guidelines for punitive damage awards, so the greater interests of workers and shareholders can be taken into account. The United States Supreme Court has strengthened and clarified constitutional guidelines on the award of punitive damages. Lower courts should heed those rulings.
3. Congress or the courts should reverse the “opt-out” provision, so that people must affirmatively choose to join a class-action lawsuit.
4. Return to the original understanding of the rule of law. Congress or the courts should rely on the implied power to roll back the ability of a single jury to tax and regulate the entire United States.
5. Congress needs to act on asbestos law reform. Our courts are clogged with lawsuits filed by people who, while they may have been exposed to asbestos, have absolutely no illnesses. These claims prevent those with real illnesses from having their day in court.
6. Restrict government lawsuits, so that regulation through litigation becomes a thing of the past.
7. Enact a Legal Consumer’s Bill of Rights that would give clients the vital element of any functional marketplace—disclosure and honest information.
Steven B. Hantler is the chairman of the Foundation for Fair Civil Justice. For more information, contact the FFCJ at 770.317. 2423 or email todd@dminews.com.