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Flurry of Amendments Delays Tort Reform Effort in the Senate - 7/12/2004 - Attorney Lawyer Legal Building Codes Zoning

Flurry of Amendments Delays Tort Reform Effort in the Senate

Legislation supported by NAHB to rein in class action lawsuits in state courts failed on a largely party-line vote on July 8, apparently ending prospects this year for enactment of sorely needed tort reform.

 

Going into debate, the “Class Action Fairness Act of 2004” (S. 2062) had the backing of enough senators to guarantee its passage, but the measure became bogged down by a number of contentious and unrelated amendments.

Democrats were seeking to use the bill to increase the minimum wage, address global warming issues and extend the assault weapons ban that expires at the end of the year. Republicans saw an opportunity to submit proposals on climate change and granting temporary legal status to undocumented workers.

Senate Majority Leader Bill Frist (R-TN) responded by cutting off debate on all of the amendments and filing a procedural cloture motion requiring 60 votes to approve the legislation.

 
 

Only 44 senators voted to take up the bill, 16 short of the votes needed, while 43 voted against it.

The House has already approved its version of the bill, but with the November elections coming up fast there doesn’t appear to be enough time for the Senate to return to the issue during its current session.

To read the Senate legislation, click here and enter S. 2062 in the box at the upper left.


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