Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 11, 1995 TAG: 9503130066
SECTION: NATIONAL/INTERNATIONAL PAGE: A1 EDITION: METRO
SOURCE: FROM KNIGHT-RIDDER NEWSPAPERS AND THE ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: Medium
In passing the bill 265-161, House Republicans kept another of their promises made in the ``Contract With America.'' It was the third bill to clear the House this week that would limit damages in civil lawsuits.
Reps. Bob Goodlatte, R-Roanoke, L.F. Payne, D-Nelson County, and Rick Boucher, D-Abingdon, all voted in favor of the bill.
The three measures now go to the Senate, where some Republicans already have waved warning flags that could slow down, or even sideline, some of the more controversial provisions in the bills.
Rep. Christopher Cox, R-Calif., a chief sponsor, said the legislation would ``end the patchwork of local laws'' that encourage some lawyers to shop from state to state for friendlier venues to pursue fatter damage awards.
Other sponsors, including Judiciary Committee Chairman Henry Hyde, R-Ill., said the bills would ``put a serious damper on frivolous and fraudulent lawsuits'' jamming both state and federal courts.
Critics, including President Clinton, charged that the changes would tip the balance in civil actions to wealthy defendants and discourage ordinary people from challenging deep-pocket corporations and insurers.
``Even people with solid cases and clearly warranted complaints would be scared out of the courts and denied their basic rights,'' said Rep. John Conyers, D-Mich.
The bill passed Friday would limit punitive damages in all civil cases - in both federal and state courts - to the greater of $250,000 or three times the amount of the complainant's economic loss.
It also raises the threshold of proof for making such cases. Before punitive damages could be awarded, courts would have to find ``clear and convincing evidence'' that a defendant intended to cause harm or was guilty of a ``conscious, flagrant indifference to the safety of others.''
The bill also would make distributors and retailers less likely to be successfully sued for damages arising from faulty products.
by CNB