Simpson, Otter Fight Frivolous Lawsuits

Simpson, Otter Fight Frivolous Lawsuits

Washington, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter announced their support this week for two pieces of legislation to dramatically reduce the number of frivolous lawsuits choking U.S. courts and devastating small businesses.

Simpson and Otter are original cosponsors of the Personal Responsibility in Food Consumption Act, H.R. 554. The measure would prohibit legal claims against the food industry by people who gain weight or become obese by consuming too much of an otherwise safe and legal product. Florida Congressman Ric Keller introduced the bill February 2.

Among the compelling arguments in support of H.R. 554 are:

· The food service industry - with more than 12 million employees - is America's largest private-sector employer;

· Litigious trial lawyers have called the fast-food industry the next tobacco, estimating potential profits of $40 billion from obesity-related lawsuits;

· Public schools are the next target for class-action lawsuits as trial lawyers look to place blame on food court vending machines for child obesity.

Simpson and Otter also are cosponsoring H.R. 420 - the Lawsuit Abuse Reduction Act of 2005, which would prohibit the filing of frivolous lawsuits. Specifically, H.R. 420 would:

· Permit judges to order plaintiffs to reimburse reasonable litigation costs, including attorney fees;

· Make sanctions against attorneys or parties who file frivolous lawsuits mandatory rather than discretionary;

· Remove a "safe harbor" provision that allows plaintiff's attorneys to avoid sanctions for frivolous suits by withdrawing them within 21 days;

· Reduce "court-friendly shopping" by requiring that plaintiffs in civil tort actions sue only where they live or were injured, or where the defendant's principal place of business is located.

"Along with many of my colleagues in Congress, I have become sick and tired of the victimization mindset all too prevalent in our society," Congressman Simpson said. "At some point our nation is going to have to step back from its sue-happy mentality and our

nation's citizens will have to take responsibility for their own actions in a way generations of Americans did prior to the late 20th century. I'm proud to be a part of these two efforts to reduce frivolous lawsuits and protect honest businesses from the unwarranted harassment of overzealous trial lawyers."

"In an age of medical miracles, a growing percentage of our health problems are preventable. Yet if we eat too much, or eat the wrong things, or simply fail to exercise a measure of self-control, we'd rather call a lawyer than change our behavior," said Congressman Otter, a member of the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection. "We all will be better off when personal responsibility becomes more important than personal injury lawyers, and when we stop trying to make someone else pay the price for our own actions."

Both measures are pending before the House Judiciary Committee.

http://www.house.gov/apps/list/press/id02_simpson/simpsonotter_lawsuits.html