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When it comes to civil justice and
lawsuit abuse, Alabama is on a teeter-totter.
Newspapers crowed when tort reform
laws were passed in 1999 to cap punitive damages (3 times
compensatory except in wrongful death), restrain class action
lawsuits and restrict forum shopping. They repeatedly predicted
that tort reform would improve our state’s woeful economy,
further suggesting the laws were not enough but were a good
start. In the same year, six new Alabama Supreme Court Justices
took office, all of them conservative. With the new justices and
the new laws in place, the economy started to improve, just as
predicted.
Before long, word was out that
arch-trial lawyer Jere Beasley and the trial bar were creating a
10-year plan to regain the State Supreme Court, which they
expected would dismantle the tort reform laws just as the
infamous state Hornsby court had dismantled tort reform laws
passed in 1986.
In Alabama’s “judicial hellholes,”
the same wealthy personal injury trial lawyer - as well as their
pet judges and plaintiff-friendly juries - still churn out
job-killing punitive damages over frivolous suits. Not as often
as before, because they know a rule of law State Supreme Court
will set things a-right. But the hunger and greed is still
there. So are the venues.
Frighteningly, the trial lawyers
plan is working. Not only have they managed to sway three
members of the court from conservative to moderate, they spent
more than a million dollars in 2006 to elect an activist judge ,
Sue Cobb, as chief justice. It is not yet known what the full
impact of that election will be.
Worse, a faction of Democrats has
taken full control of the Alabama Senate, the coup led by trial
lawyers and the teachers’ union. Flatly and frankly, business is
at their mercy.
In 2008, Justice Harold See is up
for re-election to our Supreme Court. The recent success notched
by the trial bar has its members salivating at the prospect of
taking him down. See is the conservative anchor on the court and
his loss would be catastrophic.
Through a series of incentives that
border on bribery, Alabama has brought in Hyundai, Mercedes-Benz
and now ThyssenKrupp. While this is an excellent opportunity, it
has given our media what we fear is a false sense of well-being
when it comes to lawsuit abuse.
Many writers feel Alabama is no
longer part of tort hell, although there is ample evidence to
the contrary. Studies by the American Tort Reform Association,
the Pacific Research Institute and the U.S Chamber continue to
prove Alabama is at the bottom of the nation with regard to
lawsuit abuse.
The Pacific Research Institute says
we are the nation’s leader in direct money payouts to wealthy
personal injury trial lawyers. The U.S. Chamber puts us at the
very bottom in jury consistency and every other category as
well.
In a nation that is the civil
justice laughingstock of the world, the state of Alabama is one
of the worst offenders.
Alabama Voters Against Lawsuit Abuse has, we believe, a
reputation for truth and fairness in regards to the lawsuit
abuse situation in Alabama. And it is far from hyperbole to say
that if the trial bar has its way, the corporations which have
moved to Alabama will become sitting ducks.
On the other hand, if we are able to
pass common sense tort reform laws to define mental anguish,
restrict product liability and standardize post-judgment
interest, our state would offer a truly level playing field to
business and we would boom. If trial lawyers have their sway, we
will bust.
But today, Alabama sits heavily on
the teeter-totter between justice and frivolity. |
