[Congressional Record Volume 141, Number 1 (Wednesday, January 4, 1995)]
[Senate]
[Page S28]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        THE CIVIL JUSTICE SYSTEM

  Mr. HATCH. Mr. President, I intend to introduce legislation very 
early in this Congress that will address some of the most serious 
deficiencies in our civil justice system. Litigation today is an 
extraordinarily expensive mechanism for compensating an injured party. 
The seriously injured victim in Utah and in all of our States is often 
not compensated fairly, and frequently there is an unconscionable delay 
in one's recovery.
  In other instances, trial lawyers sue too easily, and often with no 
consequence for their unmeritorious position, knowing that the high 
cost of defending against even an unworthy claim will often induce at 
least a nuisance settlement.
  The uncertainty of an excessive punitive damage award by a runaway 
jury cripples our business community and diverts resources that could 
be better used for research and employment. Moreover, the current joint 
liability laws make each defendant with any culpability liable for the 
entire amount of damages regardless of the degree of their culpability. 
Thus, for example, a defendant who is only 10 percent responsible for a 
wrong can wind up paying 100 percent of the damages.
  Many defendants are unfairly held responsible for damages because 
those primarily responsible are uninsured or outside of the 
jurisdiction of the courts. Junk science has made a mockery out of our 
system of justice, leading juries to make unfair decisions in some 
cases.
  In sum, we now have a civil justice system wherein true victims face 
unreasonable delay in receiving compensation for wrongs done to them, 
compensation which is often less than full, in any event. At the same 
time, the civil justice system imposes an enormous cost on society as a 
whole. The great expense of litigating against meritless claims, the 
unfair allocation of liability, the threat of unfair, excessive damage 
awards, collectively drive up the cost of doing business. This cost is 
ultimately passed on to the consumer, and deters the development of new 
and worthwhile products and services.
  I support a number of legal reforms that will improve our civil 
justice system, make the system fairer to all parties, allow for a 
quicker recovery for those injured, and make those most responsible for 
an injury liable for their fair share. I welcome the input of those 
concerned about these issues.
  I am also committed to joining Senators Gorton and Rockefeller in 
passing product liability reform legislation in the 104th Congress. I 
look forward to their continued leadership in the Commerce Committee in 
that important effort. I hope that my efforts to enact civil justice 
reform legislation will complement the products liability legislation.


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