Wednesday, September 12, 2012

Tort Reform part of Corporate takeover of U.S., it's not about jobs.

The Center for Media and Democracy posted this great examination of the impact of "tort reform," passed by the Walker administration, and written by ALEC. Here's just a part of their article:

Concerns about the (tort reform) Bill Were Ignored: Thirty-one opponents of the bill appeared at the hearing, including Nancy Rottier, the Director of State Courts, several representatives of the Wisconsin Association of Justice, the AFL-CIO, and Disability Rights Wisconsin … representatives of elderly Wisconsin residents who would be affected by the bill's limits on liability for nursing home residents killed or injured in skilled nursing facilities in the state … the Wisconsin Farmers Union opposed the bill, noting how the bill would limit the remedies and procedural rights of farmers injured by defective equipment or stray voltage.

But the concerns of ordinary Wisconsin residents were ignored. On January 18, the Senate passed the bill on a party-line vote, 19-14. Two days later, the Assembly passed the bill, 57-36.

Notably, when Walker ran for office, one of his talking points was about ending "frivolous lawsuits" saying "we need to do more to block frivolous lawsuits, and we need true tort reform to help lower health care costs." But, punitive damages have nothing to do with "frivolous" suits. Such damages only apply after a jury finds deliberate misconduct or gross negligence. Koch Industries makes over $200,000 in revenue in a matter of hours. ALEC claimed, without any evidence, that the bill would have a significant impact on Wisconsin's "economic viability" paving "the way the for job creation...." ALEC has subsequently removed that press release from its website, but it is on file with CMD.

Although the Walker administration asserted the bill would not cost taxpayers anything of consequence, it did not take into account the impact on Wisconsin families and the Wisconsin economy of family members who are injured or killed and cannot recover damages from the corporations that should be held responsible for negligence or deliberate indifference to the consequences of their actions. 

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