Tort Reform: Legislative Leaders Get It Right For Once

By fitsnews • on February 13, 2009
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South Carolina’s Republican “leadership” in the S.C. House of Representatives isn’t known for doing many things right – hence the current condition of our state and our abysmal national rankings in pretty much every category that matters.

Accordingly, we were quite surprised to see House Speaker Bobby Harrell, Majority Leader Kenny Bingham, Speaker Pro Tem Harry Cato and Commerce Chairman Bill Sandifer – four lawmakers who tend to spend the majority of their time opposing conservative legislation in South Carolina – actually get behind a legitimate pro-business measure for a change.

By sponsoring a comprehensive tort reform bill, these lawmakers are (for once) living up to their campaign rhetoric and putting South Carolina’s bottom line first.

Specifically, they’re looking to make sure that skyrocketing insurance premiums don’t cripple our state’s ability to compete – which will be critical as we head into what appears to be a protracted government-induced, goverment-exacerbated and goverment-prolonged recession.

Georgia is also looking at a fundamental overhaul of its civil justice system, which adds to the urgency S.C. lawmakers face this session.

Obviously passing a strong tort reform bill is just one of many things our state needs to do in order to start digging ourselves out from the mud – yet sadly these same four leaders have showed a complete and utter inability to embrace conservative solutions on virtually every other issue on their desks.

That is why we chastise them so vehemently, but for today at least, Reps. Harrell, Bingham, Cato and Sandifer deserve credit for standing up for the taxpayers and business of this state.

And no, we can’t believe we just said that either.

Comments

By RedBank Bar on February 13th, 2009 at 1:48 pm

Put Harrell, et al., and/or insurance execs under oath and ask them if they have any evidence from any source that “skyrocketing” insurance premiums will come down with passage of this legislation.

NO ONE will so testify. In Florida, insurance carriers were forced to file affidavits admitting the same rather than lyin’ through their teeth in press releases.

For rates to come down, INSURANCE reform is needed but these Repugnants don’t want to touch anything that might upset their base.

This legislation is just another example of Repugnants screwing the public to appease their insurance and corporate buddies.

By Clapping Fetus on February 13th, 2009 at 3:04 pm

Jeez. That bill is brutal. I guess we’re about to have a bunch more unemployed lawyers in this state.

By Just Say NO to TV LAWYERS! on February 13th, 2009 at 3:16 pm

Thank you, House Leadership for standing up for the small business owners of this state.

These TV Lawyers, who are running TV ads every day promoting more LAWSUITS are going to ruin South Carolina if something is not done.

By Clapping Fetus on February 13th, 2009 at 4:20 pm

TV Lawyers? Transvestite Lawyers?

Seriously – while I can live with some changes to how damages are determined, but this is just too much.

If you think this will help premiums, you’re dreaming. The only thing this is guaranteed to do is reduce the amount of money being donated to Democrats, which is probably the real reason this is being pushed.

By Pro Small Biz on February 14th, 2009 at 9:29 am

After reading this bill, I think it is very reasonable.

In fact, there is nothing in the bill regulating attorneys’ fees or requiring Loser Pays.

A good argument could be made that the bill should have been stronger.

It appears that our legislative leaders are focusing on improving our business climate and creating jobs instead of putting personal injury lawyers out of business.

By fitsnews on February 14th, 2009 at 10:15 am

PSB-

“Loser pays” isn’t in the Senate bill either. Bridge too far, we suppose.

-FITS

By Another View on February 15th, 2009 at 11:12 pm

According to the ABA, almost over 80% of litigation and lawsuits are business to business…and a tip to small biz, it’s normally you all fighting a battle with a much larger business with a lot more cash than you….but the easy target is those that are injured by no fault of their own….wake up small business owners, this will do NOTHING for you, bit will only let the big guys off the hook. And let’s just say this passes, who picks up the tab? the taxpayers and small business’s through fee hikes and premium taxes

By Red Bank Bar on February 16th, 2009 at 12:17 am

Another View is almost on the money but the real scandal is that injured people will be on the public dole instead of collecting insurer’s or corporate checks from the responsible party.

Loser pays is just one more assault on the middle class by Repugnants. The rich and poor can either afford to pay fees if they lose or they can’t pay at all. Only the middle class stiff with a mortgage is in any danger. Therefore, the well-off benefit since no one with a white picket fence could take a chance on filing and/or losing even a strong case.

By Pro Small Biz on February 16th, 2009 at 12:15 pm

AV or RBB – can either of you explain why personal injury lawyers take 33% plus costs (which can get close to 50%) of injuried parties awards?

If personal injury lawyers really cared about injured victims they would not charge such high fees.

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