November 22, 2006In recent years, the courts of West Virginia have been a favorite target of the self-labeled tort "reform" movement.
In West Virginia, and across the nation, the U.S. Chamber of Commerce and state chambers are attempting to push forward what they term tort "reforms." These legislative initiatives limit, constrict, and sometimes eliminate Americans' ability to go to court when they are injured by others' misconduct.
Of course, these chambers of commerce represent corporate business interests, and the fact that they are so aggressively pushing these initiatives forward must indicate to you that corporations see it as in their financial interest to make it as hard as possible to sue them, no matter what injuries their actions cause.
If given the opportunity to make yourself immune to lawsuits, wouldn't you take it? Nobody likes to be sued, but the important question is should somebody be sued, not whether or not they are happy about it.
It is striking, however, how quickly those who advocate for tort "reform" are willing to change their tune. While they publicly "speak out" about how too many lawsuits are ruining a state's economy, or how lawsuits are somehow innately "bad," when they or somebody they love is injured, all of this public rhetoric goes out the window and they go straight to court. In short, these people are tort "reform" hypocrites.
While the list of well known tort "reform" hypocrites is long and growing -- President Bush, Sen. Trent Lott (R-Miss.), Sen. Rick Santorum (R-Pa.), Ken Lay, and ABC News correspondent John Stossel, to name a few -- the case of West Virginia Chamber of Commerce President Stephen Roberts is clearly worth attention.
Roberts -- a longtime supporter of tort "reform" -- recently filed suit against his neighbors and their son after the child allegedly injured his daughter's eye with a paintball gun. Since the incident, his daughter has had four operations and still has only limited vision in her damaged eye. The inclusion in the lawsuit of a claim for "non-economic" damages is, to say the least, ironic in light of the West Virginia Chamber's attempts to reduce victims' access to this very form of relief.
<snip>
This irony should give sometimes self-righteous tort "reformers" across the country, at the very least, a moment of pause.
http://www.drummajorinstitute.org/library/article.php?ID=6523 Democratic leader’s affiliation with Chamber raises eyebrowsJune 12, 2005Nick Casey, chairman of the West Virginia Democratic Party, is a registered legislative and administrative lobbyist for the U.S. Chamber of Commerce Institute for Legal Reform.
Some critics are questioning Casey’s association with a national group that routinely supports Republican candidates.
<snip>
He said Gov. Joe Manchin urged him to file because Casey was the individual who spoke to U.S. chamber officials about proposed tort reform legislation that was later passed by the state Legislature.
http://www.actwv.org/press/Leaders_affiliation.mx