Opinion
Examiner Editorial: Good grief: Trial lawyers want a lawsuit czar
Examiner Editorial
January 26, 2009
One thing the Obama White House doesn’t lack is czars. So far, there are or soon will be an energy czar, an economy czar, a health care czar and an urban affairs czar. There may yet be a White House car czar, and, if the class-action trial lawyers have their way — which they almost always do when the Democrats they bought and paid for are in power — there will soon be a lawsuit czar, too. The American Association for Justice was careful in its statement last week not to call explicitly for a czar. Shorn of the AAJ’s rhetorical smoke, however, it’s clear a czar is exactly what the AAJ has in mind with its proposed White House office to “coordinate federalism issues” throughout the executive branch.
The immediate focus of the AAJ’s White House lawsuit czar would be “pre-emption.” The class-action lawyers want to make sure President Barack Obama makes good on a campaign promise to reverse the recent trend among federal regulators to pre-empt — i.e. supersede — state jurisdiction on consumer safety regulation, particularly in the areas of transportation and prescription drugs. The class-action lawyers want to be able to file 50 separate class-action suits against an alleged corporate sinner instead of just one in federal court.
The White House lawsuit czar is needed, the AAJ claims, to ensure “the right of Americans to hold wrongdoers accountable through the civil justice system.” Translated, the AAJ knows more class-action lawsuits mean more settlements, which mean more fees for the attorneys. The the AAJ proposal couldn’t be more ill-timed. As the Institute for Legal Reform’s Lisa Rickard said, “America cannot sue its way out of this recession. More lawsuits won’t create more jobs, help consumers or rebuild America’s infrastructure.”
Obama will soon have to act on another issue on which his decision could mean another class-action lawsuit bonanza. The Senate on Thursday approved the Lily Ledbetter Fair Pay Act, which the House passed in early January. If Obama signs Ledbetter, as he promised during the presidential campaign, the new law will reverse a 2007 U.S. Supreme Court decision by removing the statute of limitations on pay discrimination suits. Instead of having to file within the 180 days specified by the court, Ledbetter enables class-action trial lawyers to haul employers to court decades after an alleged harm took place. Obama displayed his independence by supporting the Class Action Fairness Act in 2005. Now he should veto Ledbetter and tell the AAJ to go find its own czar.
The immediate focus of the AAJ’s White House lawsuit czar would be “pre-emption.” The class-action lawyers want to make sure President Barack Obama makes good on a campaign promise to reverse the recent trend among federal regulators to pre-empt — i.e. supersede — state jurisdiction on consumer safety regulation, particularly in the areas of transportation and prescription drugs. The class-action lawyers want to be able to file 50 separate class-action suits against an alleged corporate sinner instead of just one in federal court.
The White House lawsuit czar is needed, the AAJ claims, to ensure “the right of Americans to hold wrongdoers accountable through the civil justice system.” Translated, the AAJ knows more class-action lawsuits mean more settlements, which mean more fees for the attorneys. The the AAJ proposal couldn’t be more ill-timed. As the Institute for Legal Reform’s Lisa Rickard said, “America cannot sue its way out of this recession. More lawsuits won’t create more jobs, help consumers or rebuild America’s infrastructure.”
Obama will soon have to act on another issue on which his decision could mean another class-action lawsuit bonanza. The Senate on Thursday approved the Lily Ledbetter Fair Pay Act, which the House passed in early January. If Obama signs Ledbetter, as he promised during the presidential campaign, the new law will reverse a 2007 U.S. Supreme Court decision by removing the statute of limitations on pay discrimination suits. Instead of having to file within the 180 days specified by the court, Ledbetter enables class-action trial lawyers to haul employers to court decades after an alleged harm took place. Obama displayed his independence by supporting the Class Action Fairness Act in 2005. Now he should veto Ledbetter and tell the AAJ to go find its own czar.
