Tort Reform: The Big Payoff for Corporations, Curbing the Lawsuits that Hold them Accountable


In his State of the Union address, President Bush urged lawmakers to rewrite tort law rules to do away with class action lawsuits. We take a look at medical malpractice with Joanne Doroshow, executive director of the Center for Justice and Democracy.


In his State of the Union address Wednesday, President Bush urged lawmakers to rewrite tort law rules to do away with class action lawsuits he says have become a significant drag on the economy.


• President Bush, State of the Union address, February 3, 2005:

"To make our economy stronger and more dynamic, we must prepare a rising generation to fill the jobs of the 21st century. Under the No Child Left Behind Act, standards are higher, test scores are on the rise, and we're closing the achievement gap for minority students. Now we must demand better results from our high schools, so every high school diploma is a ticket to success. We will help an additional 200,000 workers to get training for a better career, by reforming our job training system and strengthening America's community colleges. And we'll make it easier for Americans to afford a college education, by increasing the size of Pell Grants. To make our economy stronger and more competitive, America must reward, not punish, the efforts and dreams of entrepreneurs. Small business is the path of advancement, especially for women and minorities, so we must free small businesses from needless regulation and protect honest job-creators from junk lawsuits. Justice is distorted, and our economy is held back by irresponsible class-actions and frivolous asbestos claims -- and I urge Congress to pass legal reforms this year."

The president won an an initial victory in tort reform yesterday when a bill sought by corporations to curb class action lawsuits advanced in the Senate.


The Judiciary committee voted 13 to 5 to approve the measure and send it to the full Senate, where it will be considered as early as next week. The bill transfers most class-action lawsuits from state courts to more stringent federal courts and is the first in a package of changes to the tort system sought by the Bush administration.


But Republican Senator Arlen Specter of Pennsylvania is trying to take the bill one step further. Specter is pushing forward an amendment to would impose new limits on medical malpractice lawsuits and would preclude people who claim they have asbestos poisoning from filing lawsuits.


Asbestos was widely used for fireproofing and insulation until the 1970s. Studies have shown that inhaled fibers are linked to cancer and other diseases, and hundreds of thousands of injury claims have been brought to court.

• Joanne Doroshow, executive director of the Center for Justice and Democracy.