A close friend in the defense bar mentioned to me after reading H.R. 985 that it really looks like “the plaintiff’s burden”, and indeed it is. Unfortunately, quickly on the heels of H.R. 985 came H.R. 1215, the Protecting Access to Care Act of 2017. While H.R. 985 could eviscerate Class Action and Mass Tort litigation as we know it, H.R. 1215 takes direct aim at future damages in health care lawsuits. Now is the time to speak up and take action. Call your representatives, contribute money to fight the legislation and work on changing these bills to truly help the consumer. Please read the most current copy of H.R. 985 and the following statement released by AAJ.
Washington, DC– The following is a statement from American Association for Justice CEO Linda Lipsen on the markup of the “Fairness in Class Action Litigation Act of 2017” [H.R. 985] in the U.S. House of Representatives Judiciary Committee. The bill would eviscerate nearly every type of class action and mass tort action brought in the United States, and prevent the enforcement of fundamental civil rights, and consumer, employee, and investor protection laws.
“When Americans are unwittingly victimized by widespread corporate wrongdoing, justice demands that they have an opportunity to join together to hold those corporations accountable. However, H.R. 985 will deny groups of injured consumers, workers, and investors of their right to be represented by an attorney, while also providing corporations with new ways to hide evidence of wrongdoing.”
“Shockingly, this committee has not held a single hearing to consider the consequences of this ill-conceived, overly-broad legislation. Supporting a bill that rigs the legal system against your constituents is offensive; doing so without even bothering to hold a public hearing and debate the merits is reprehensible.”