GOP lawmakers are about to pass two laws that would make it nearly impossible to sue corporations



http://www.rawstory.com/2017/03/gop-lawmakers-are-about-to-pass-two-laws-that-would-make-it-nearly-impossible-to-sue-corporations/

H.R. 985, the Fairness in Class Action Litigation Act is akin to an Erin Brockovich killer. The first of the two laws, would make it more difficult for American’s to file class action lawsuits against a corporation, the Center for American Progress explains. The law would put restrictions on the criteria for people banding together for a class action suit. It also would complicate and delay any payments for an attorney representing the clients. Such an act would make it risky for any lawyer to take on a case to help someone hurt by a corporation. According to CAP, Vice President Mike Pence has been seeking laws like this for years.

If you’ve seen the film “Erin Brockovich” you know that she brought together residents of Hinkley, California to sue Pacific Gas and Electric for contaminating groundwater that caused medical problems and in some cases death. This law would have prevented Brockovich, or any American, from coming together to file a lawsuit against any company.

H.R. 720 the Lawsuit Abuse Reduction Act would require federal judges penalize or otherwise discipline any attorney that brings what they consider to be a “frivolous lawsuit.” Currently, this decision is left up to the judge’s discretion.

A better name for the bill might be “Who Cares About Hot Coffee” bill. In 1992, a 72-year-old woman sued McDonald’s when she spilled a cup of coffee in her lap and sustained third-degree burns and required skin grafts. Her suit is often used as the perfect example of a frivolous lawsuit, but the documentary “Hot Coffee” explains that the elderly woman did actually suffer from severe burns and was hospitalized as a result. While the woman sued, she never asked for $3 million in damages. She awarded it by a jury. The judge in the case decided the lawsuit wasn’t frivolous. McDonald’s had over 700 lawsuits for hot coffee that caused, in many cases, third-degree burns. In her case refused to give her more than $800 to pay her medical bills. At the time she first sued, she was only asking $11,000 in medical bills but they refused. The judge recommended a mediation hearing and at that hearing, she asked $300,000 and the mediator suggested $225,000. McDonald’s again refused to award anything. A jury in the case awarded her $200,000 for her injuries, but cut it to $160,000 because she bore 20 percent of the responsibility. It was the jury that awarded her $2.7 million in punitive damages, in part, to send a message to McDonald’s. The judge lowered it to $640,000 and she ultimately ended up with under $600,000 in damages.