Lawyers Stalling Tort Reform Bills
The S.C. Civil Justice Coalition is urging a House subcommittee packed with lawyers and chaired by a prominent workers’ compensation attorney to get off the block and do something to protect our state’s small businesses from frivolous lawsuits.
In a mailing blasted out statewide this week, the Coalition urges support for two bills – S. 350 and H. 3489 – both of which would enact tough new protections against “extreme judgments.”
Unfortunately, despite the support of GOP leadership, a House subcommittee chaired by Rep. Greg Delleney hasn’t even scheduled a hearing yet for this important legislation.
How come?
Well, not to put too fine a point on it, but he doesn’t want the bill to pass.
And joining Delleney in his stalling methods are GOP Judiciary Chairman Jim Harrison (R-Richland), former House Minority Leader James Smith (D-Richland) and Rep. Walt McLeod (D-Lexington), all of whom are … you guessed it … attorneys.
And who, pray tell, is the only subcommittee member supporting the bill?
Yup. That’s Rep. Garry Smith (R-Greenville), an Upstate businessman who happens to be the only non-lawyer of the bunch.
Forty-four other lawmakers not on this subcommittee are sponsoring the bill, though.
Here’s a look at the mailing …
Oh, and you can learn more about this issue by visiting the website One Lawsuit Away …
WEB EXTRA:
Comments
By cgi-bin laden on March 20th, 2009 at 1:16 pm
I’ve looked at both of those bills, and they both go too far. I am not entirely against “tort reform”, but those bills are too much. Changes this drastic should be slow and incremental.
By Pro Small Biz on March 20th, 2009 at 1:47 pm
Will – thank you for holding our public officials accountable.
It seems that everytime you post a story about legal reform the personal injury lawyers attack you and the proponents of the reform.
Ignore them. The small businesses of this state are own your side.
By Help needed. on March 20th, 2009 at 2:04 pm
We just did this. Its not out of control like it was 5 years ago. I know we want to encourage business but there has to be some balance. Big corps should get a break but not a license to kill. You never want the bottom line to encourage people to engage in wrongful conduct. Fighting the lawsuit may be cheaper than correcting the harmful condition. If it costs less to pay off someone on the backend than it does to abide the law on the frontend, corporations won’t have the incentive to follow the law unless you have government regulation, which also discourages business. So, if you have to regulate or have civil liability to keep corps in line, why not take the less of the two evils and at least let the person hurt by the unlawful conduct get the money, rather than the government.
By Not Sayin', Just Sayin' on March 20th, 2009 at 2:05 pm
In Rep. McLeod’s defense, he wasn’t a plaintiff’s attorney; he worked for the state. And, I think Harrison does little plaintiff’s work. As for Smith — does he do any work?
By Crooner on March 20th, 2009 at 2:42 pm
Help is right. As soon as we legislate predictability in lawsuits the sooner the beancounters can put a price on safety. And when that happens we’re all screwed.
Besides that, what’s the largest jury award in SC over the last five years AND did that amount survive postrial practice? And why do we trust juries to decide the fate of defendants in death penalty trials but not trust them to do the right thing where only money is involved?
By fitsnews on March 20th, 2009 at 2:53 pm
Crooner-
Spoken like a true Motley disciple.
-FITS
By Help needed. on March 20th, 2009 at 3:21 pm
The law doesn’t need to be what Ron Motley says it should be. But on the other side, the law doesn’t need to be what Wal-Mart says it should be either. Its just needs to be balanced. We can’t create a perfect system but we can at least strive to maintain balance.
By Just Say No to TV Lawyers! on March 20th, 2009 at 3:36 pm
I agree with the post card. Business owners are tired of all the commercials, billboards, ads, etc. All they do is encourage more people to file frivolous lawsuits.
More lawsuits are not good for the economy. Businesses create wealth, TV lawyers just re-distribute someone else’s wealth.
The legal profession was much more professional and respected before the TV lawyers came around.
TV lawyers are teaching people that it is better to file a lawsuit instead of working hard, saving money, and owning a business.
The trial lawyers association and bar association should denounce their tactics because it is destroying capitalism.
By Jack on March 20th, 2009 at 6:08 pm
Hey FITS,
Why not go all in on tort reform and institute a loser pays system. The little guy with a legitimate claim will be fully protected because he will get his attorney’s fees paid in addition to his damages. The TV lawyers will have to think long and hard about filing an action when the hassle and expense of mounting a legitimate defense is substantially reduced by the opportunity to recover all your costs when successful. Time for a new job for all the TV pitchmen. I hear Oxy-Clean is looking for a new spokesman.
By Pete on March 21st, 2009 at 9:37 am
Don’t forget the regulation of the South Carolina legal profession is at the sole discretion of the Honorable Chief Justice Jean Hoefer Toal. Lawyers that go to far over the line are suppposed to be reigned in by The South Carolina Supreme Court. Do you feel better now?
By Pro Small Biz on March 21st, 2009 at 1:28 pm
Help, your premise is wrong.
Businesses are not evil. They are the backbone of this country.
Just about every comment posted by supporters of the TV Lawyers is pro big government, or worse, socialist in nature.
While government regulation is bad, making personal injury lawyers bounty hunters is worse.
Why? Because they do not care about the victim. If they did, they would not take nearly half of the victim’s award.
Does anyone support free markets and capitalism anymore?
By Dusk McCoy on March 21st, 2009 at 6:53 pm
Since Obama is so pro-Union, will doctors be able to form a union? It seems only fair. After all, the whole “residency selection” process is a complete violation of workers rights.
Some may say the Hippocratic Oath argues against physicians forming a union, but it explicits forbids abortion, too. And we all know now where Obama stands on that issue…
By Red Bank Bar on March 22nd, 2009 at 10:49 pm
The next South Carolina business that closes due to a personal injury lawsuit will be the first. folks can’t name one because it hasn’t ever happend.
This tort deform bill is just another Repugnant Party bailout for insurance companies. There ain’t nothing pro-business about it, it’s solely for the benefit of Big Insurance. Once again folks is short on the law and facts.
By Pro Small Biz on March 23rd, 2009 at 11:10 am
RBB – reading all the comments that you post it is quite obvious that you are not a free market capitalist.
We need some honesty in this debate.
1) Are you a socialist?
2) Why do personal injury lawyers take nearly half of injured victims’ awards? Other professions do not charge their clients 40-50% in fees and costs. For example, real estate agents’ fees are approximately 3-4% of the sale.
By Just Checking on March 23rd, 2009 at 11:50 am
If small business would REALLY read this bill, they may realize that it will screw them more than help them. Why? Look who is really paying for the Civil Justice Coaliton Folks (Michelin, SC Chamber, BMW, Fuji, Alcoa Steel, Nucor Steel,) I mean that really looks like small business to me.
And even the Senate subcommittee with reliable business hack Sen. Larry Martin, Sen. Lee Bright (both non lawyers) and Sen.’s Hutto and Rankin (lawyers that do plaintiffs work) and your poster child Sen. Tom Davis (lawyer) agreed 5-0 that this is not an issue that needs to be dealt with lightly and should be studied very carefully before making rash decisions. This was after 3 subcommittee hearings.
So small business, just know that the AIG’s of the world are using you as a pawn in the fight. This bill doesn’t help you one bit. But the reason you don realize that is you’re to stupid to research it and believe whatever is printed by the big business insurance company funded coalition.
Oh, and the fact that their ED/lobbyist is a single issue guy…will this issue ever go away…the answer is no…because he needs a job.
By Pro Small Biz on March 23rd, 2009 at 2:50 pm
Small business folks have read the bill. That’s why we are supporting it.
Small businesses receive non-economic and punitive damages caps under the bill.
The bill closes a loophole that trial lawyers are using to get around the statute of repose passed in 2005. The statute of repose protects small business owners (homebuilders, engineers,etc.)
By the way, we only take advise from lawyers when we are paying for it.
By Just Say No to TV Lawyers on March 23rd, 2009 at 3:59 pm
Hey Pro Small Biz,
Man, you just put those TV Lawyers in their place.
All they do is attack FITSNews, the Republican Party, the business community, capitalism, and pro-business legislators.
Why are they doing this?
To protect their pocketbook.
I’ll give you the same advice you gave Will – ignore them.
By Red Bank Bar on March 23rd, 2009 at 11:14 pm
Pro Small Biz: 1)Are you a fascist?
2) Are you as stupid as you appear to be?
Inquiring minds want to know, Smallness. You’re so cute when you try to post something you don’t understand. Just do whatever Cam Crawford tells you and you’ll feel better when Big Bidness sues you.
By Pro Small Biz on March 24th, 2009 at 12:18 pm
RBB – There you go again with personal attacks.
Please find one comment posted that would lead you to believe I’m anything but a free market, capitalist. In your comments, you constantly attack the business community and appear to support a big government approach to solving problems so my question is fair.
But your question is not based on any factual basis and is not fair.
But for the record the answer is no.
By Red Bank Bar on March 24th, 2009 at 2:42 pm
Why don’t y’all Repugnants throw us a bone. Tell us the name of ONE business put out of business by a personal injury lawsuit.
Just one, wingnuts. Just one.
Until y’all do, why don’t you honor us with your silence?
And BTW, anyone who wants government in bed with business protecting them from the consequences of their actions by limiting lawsuits is a fascist in my book.
By Pro Small Biz on March 24th, 2009 at 4:21 pm
RBB – I challenge you to speak with all the former homebuilders and contractors that you know. Ask them why they got out of the business. Just about everyone that leaves the business states that they were tired of the lawsuits and couldn’t afford the workers’ comp.
Who files lawsuits? Who files workers’ comp claims?
TV Lawyers.
By Red Bank Bar on March 24th, 2009 at 11:13 pm
Pro Small Biz: You must the dumbest person to post here. Blaming worker’s comp claims for the construction business being in the dumps.
Ever heard of the President Junior Depression, dumb arse?
To answer your question, WORKERS file worker’s comp claims. 96% by individuals without lawyers. 100% by people with first and last names.
I’ll ask again, name ONE South Carolina business put out of business by a personal injury lawsuit. You can’t do it, can you?
And BTW, if someone builds a shoddy house, it ain’t a personal injury lawyer that sues them, it’s a construction lawyer and the two aren’t the same. Leading us back to the original theme of my post, YOU are the dumbest person posting here.
By Pro Small Biz on March 25th, 2009 at 8:00 am
RBB – you have finally taken the bait.
If the worker files the workers’ comp claim then why do they need a lawyer?
PERSONAL INJURY LAWYERS DO NOTHING BUT ADD COSTS TO THE WORKERS’ COMPENSATION SYSTEM.
By Red Bank Bar on March 25th, 2009 at 11:08 am
96% don’t need a lawyer. The insurance carriers try to cheat at least 4% sending them to their quack doctors or denying coverage or refusing to pay when ordered. The abuses are rampant.
I’ll ask again, name one business that has closed shop because of a personal injury lawsuit?
By Pro Small Biz on March 25th, 2009 at 1:35 pm
RBB – Again, go ask every former homebuilder and contractor you know why they got out of the business. You’ll have the answer to your question.
Enjoyed the debate, but I need to go back to work trying to create wealth.
I would suggest that you do the same but that would mean filing more lawsuits against businesses. Plus, you do not create wealth, you redistribute the wealth of a successful business to your own back pocket.
By RedBank Bar on March 26th, 2009 at 11:34 am
PSB runs up the white flag. He surrenders as he CANNOT name a single business sidelined by a personal injury lawsuit.
Your prior answer is a non sequitur. His prior posts do establish him as one of the dumbest posters here. I do believe he is so dumb as to call a worker’s comp administrative claim against an insurance company a law suit.
By Just Say No to TV Lawyers on March 26th, 2009 at 4:12 pm
Red Bank Bar – Esquire, I respectfully disagree. He/she whipped your tail.
You made some valid points but everytime Pro Small Biz made a point you resorted to partisan or personal attacks, or some other liberal anti-business talking point. I’m surprised a lawyer would need to do that.
Pro Small Biz tagged you pretty good on the need for personal injury lawyers in workers’ compensation cases. (You should have seen that coming). But he/she should have mentioned that the Workers’ Compensation System was designed to be a no fault system without any need for legal representation.
Also, Pro Small Biz stated the fees that personal injury lawyers charge are extreme and you never addressed this issue.
Finally, Pro Small Biz should have taken my advice and ignored you. You just post negative nonsense all the time.
By Red Bank Bar on March 27th, 2009 at 8:25 am
Just Say No Sense: Tell us what an injured worker is to do when an insurance company cuts off their benefits with no reason? Happens all the time. Ask the Commission. Who looks out for the worker? His lawyer would be my answer.
What happens when a company picked doctor, that’s right, the worker cannot even pick his own doctor, does the right thing and orders surgery and the insurance company refuses? Who looks out for the worker who’s illiterate and cannot read or understand the forms the commission uses?
Tell what happens when a carrier says you’re not covered because your employer fraudulently claims you’re an independent contractor?
You cannot answer those questions. But, I’ll give you another question you won’t want to answer. Whose side are you one? The injured worker who an insurance company is screwing, or the insurance company who wrongfully refuses to pay?
Extreme fees? Worker’s comp lawyers fight for years with insurance companies without compensation and having to advance IME and other fees-and then their fees are capped at one-third of benefits the insurance company wrongfully refused to pay. All the while, the bank tower lawyers are being paid every week at $125/$200 per hour. Have you ever protested those fees?
Come back when you know what you’re talking about. All I hear now is nonsense with no basis in fact.
But, let me ask one more question your business buddies refuse to answer: Name one business in South Carolina that has gone under because of a personal injury lawsuit. I’ll leave the light on.
By Just Say No to Red Bank Bar on March 28th, 2009 at 9:24 am
RBB -
TV LAWYERS CHARGE INJURED VICTIMS 30% PLUS COSTS FOR WORKERS’ COMPENSATION CASES.
TV LAWYERS CHARGE INJURED VICTIMS 33% TO 40% PLUS COSTS TO BRING A LAWSUITS.
THIS IS WRONG!!!
By Red Bank Bar on March 28th, 2009 at 3:05 pm
Worker’s compensation fees are approved by the Commissioners, who are ALL Governor Sanford’s appointees and toadies. They approve unreasonable fees?
What’s your alternative to the contingency fee? You, of course, would prefer your sacred deny-coverage insurance companies, polluting corporations, doctors amputating the wrong limb, or DUI drivers not be held responsible for their actions.
I’ll ask again, whose side are you on?