[Congressional Record Volume 141, Number 41 (Monday, March 6, 1995)]
[House]
[Pages H2655-H2656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    REPUBLICAN LEGAL REFORM PACKAGE

  Mr. NORWOOD. Mr. Speaker, I rise today in support of the common sense 
legal reforms we will consider this week. We have the opportunity this 
week to restore sanity to our legal system. The irresponsible costs 
added to our Nations' economy by fear of lawsuits must be curtailed. 
Our reforms add simple principles of common sense to the legal system 
and will cut down the tremendous expenses Americans face every year in 
legal fees and increase costs in goods and services.
  Our reform package is based on four simple principles. First, we set 
up a responsible loser pays provision that makes settlement an 
attractive alternative. The loser pays provision will reduce the urge 
for lawyers to take suits to trial in an effort to win extravagant 
damage amounts. Loser pays will lessen the load on our judicial system, 
and will in no way harm those seeking legitimate claims.
  The next reform is to place tighter restrictions on the use of expert 
witnesses. Our bill will make sure that expert witnesses are in fact 
experts. It will require the use of scientific theories to be 
scientific and we will cut down the use of rent-a-scientists. Mr. 
Speaker, we are not hurting consumers by making expert witness rules 
stricter, we are helping consumers by limiting the costs that are 
passed on to them by business, that have to defend themselves against 
questionable experts.
  Our bill will limit the liability of a defendant to a proportional 
share of their fault in noneconomic damages. One of the most 
destructive problems with our legal system is join and several 
liability. Our current rules allow litigants to shake down wealthy 
defendants for far more damages than they should ever be responsible. 
It is just plain wrong for the Gates Rubber Co. to have to defend 
themselves against millions of dollars in damages when a chicken 
processing plant burns down--especially when that plant had no fire 
alarms, no sprinkler system, and padlocks on the fire doors. Mr. 
Speaker, clearly any responsibility owned by Gates is minimal. Our bill 
will see to it, that responsibility is proportionate.
  The fourth principle our reform package is based on is limiting 
punitive damages. There is clearly a place for punitive damages in our 
legal system in cases where defendants intended to cause harm to others 
or acted with a flagrant indifference to the safety of others. But 
there must be a limit put on punitive damages, particularly when they 
are imposed on defendants in a reckless manner by vindictive juries--
when this happens, we all pay. At some point, punitive damages move 
from reasonable to ridiculous. In our bill, that point is $250,000 or 
three times the amount of economic damages whichever is greater. After 
all, no one in this country should have to check on their liability 
insurance before serving coffee.
  I would encourage my colleagues to consider one further reform as we 
act on this legislation. Mr. Speaker, if we are to ever contain health 
care costs in this Nation, we must limit the punitive liability faced 
by manufacturers and sellers of drugs or medical devices--if those 
drugs or devices are approved by the FDA. Once FDA approval is legally 
met, a manufacturer or seller should not face punitive damages. If we 
do not take this important step forward, health care costs will 
continue to sky-rocket, and the quality of care our Nation receives 
will be lacking.
  Mr. Speaker, our legal reform package is not about hating lawyers. It 
is about reforming the system to allow lawyers to act more responsibly 
as a profession. This legislation is not about hurting consumers--in 
reality, our reforms will remove some of the costly burden consumers 
have to pay in the marketplace everyday as a result of frivolous 
lawsuits, without limiting their ability to seek legal remedies when 
they feel they have been wronged. Mr. Speaker, our legal system is out 
of control, and it goes far deeper than million dollar cups of coffee, 
it is the billions of dollars in liability our economy is forced to 
absorb every year. I urge my colleagues to make these reasonable 
reforms and resist the pressure to back down, our economy and 
[[Page H2656]] our Nation needs these reforms--please don't back down 
now.


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