Tort reform bills placed on U.S. House schedule; could be considered next week

Today's post was shared by Legal Newsline and comes from legalnewsline.com

The U.S. House of Representatives could consider two tort reform bills next week. Both the Lawsuit Abuse Reduction Act and the Furthering Asbestos Claim Transparency Act have been placed on the House’s schedule, according to GovTrack.us. The Hill reported Tuesday that House Republicans will “call up” the bills next week. LARA, or House Resolution 2655, imposes mandatory sanctions on lawyers who file meritless suits in federal court. Specifically, the bill: - Reinstates sanctions for the violation of Rule 11. Rule 11 of the Federal Rules of Civil Procedure was originally intended to deter frivolous lawsuits by sanctioning the offending party; - Ensures that judges impose monetary sanctions against lawyers who file frivolous lawsuits, including the attorney’s fees and costs incurred by the victim of the frivolous lawsuit; and - Reverses the 1993 amendments to Rule 11 that allow parties and their attorneys to avoid sanctions for making frivolous claims by withdrawing them within 21 days after a motion for sanctions has been served. Smith The House Judiciary Committee passed the bill, sponsored by U.S. Rep. Lamar Smith, R-Texas, in September. “LARA encourages attorneys to think twice before filing frivolous lawsuits,” Smith said at the time. The FACT Act, or House Resolution 982, requires more transparency from asbestos trusts. The House Judiciary Committee passed the bill, sponsored by U.S. Rep. Blake Farenthold,...

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Playing the Fraud Card - The Boat Named Free Ride

In recent testimony before the US House of Representatives' Committee on Oversight and Government Reform, David C. Williams, Inspector General of the US Postal Service, reported widespread fraud in the system, and with an entourage of others, urged "significant reform" of the Federal Employees Compensation Act (FECA) Program. 

He said, "The Postal Service is the largest FECA participant, paying more than $1 billion in benefits and $60 million in administrative fees annually, creating a long-term liability of $12.6 billion. As of February 2011, the Postal Service had about 15,800 disabled employees. Over 8,700 were at least age 55, about 3,100 were at least age 65, and about 900 were between age 80 and 98. "

"...Since October 2008, we have removed 476 claimants based on disability fraud, recovered $83.5 million in medical and disability judgments, and halted significant future losses. In one investigation, a fraudulent claimant received $142,000 in benefits while she was working as a real estate agent, and we had pictures of her hiking and bungee jumping. She even bought a boat named “Free Ride.” Other investigations have found fraudulent claimants working as martial arts instructors, landscapers, hairdressers and mechanics."

What is really sad is that the plot is aways the same. When the budget needs to be balance, the target unfortunately becomes those who are compromised and limited in ability to defend themselves, the injured worker. There is always a bad sailor on the ship, but there is no need to have everyone walk the plank.  Agreed that the system is 95 years old and doesn't function efficiently, as is mirrored other jurisdictions. The fraud card is merely an excuse and not a remedy. Maybe it is time for a new approach entirely to help injured workers by resolving the medical delivery problems and creating a unified and universal Federal approach. 

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National Mesothelioma Awareness Day Resolution Approved by Congress

The US House of Representative has passed a resolution designating September 26 as National Mesothelioma Awareness Day. The action came as the US House of Representatives unanimously, by roll call vote, approved the passage of a resolution (H. Res. 771). Representative Betty McCollum introduced the resolution that was supported by 58 co-sponsors.

The action by the House of Representatives follows prior approval of an identical resolution passed by the U.S. Senate (S. Res. 288) previously. The Senate resolution was sponsored by Senator Patty Murray (WA) and had 5 co-sponsors and was also approved by unanimous consent.

The test of the resolution is:

Whereas mesothelioma is a terminal, asbestos-related cancer that affects the linings of the lungs, abdomen, heart, or testicles;
Whereas workers exposed on a daily basis over a long period of time are most at risk, but even short-term exposures can cause the disease and an exposure to asbestos for as little as one month can result in mesothelioma 20-50 years later;
Whereas asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975 and asbestos is still on the United States market in over 3,000 products;
Whereas there is no known safe level of exposure to asbestos;
Whereas millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;
Whereas the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;
Whereas the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;
Whereas for decades, the need to develop treatments for mesothelioma was overlooked and today, even the best available treatments usually have only a very limited effect and the expected survival time of those diagnosed with the disease is between 8 and 14 months;
Whereas mesothelioma has claimed the lives of such heroes and public servants as Admiral Elmo Zumwalt, Jr., and Congressman Bruce F. Vento, and a high percentage of today's mesothelioma victims were exposed to asbestos while serving in the United States Navy;
Whereas it is believed that many of the firefighters, police officers, and rescue workers from Ground Zero on September 11, 2001, may be at increased risk of contracting mesothelioma in the future;
Whereas the establishment of a National Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop treatments and enhance public awareness for it; and
Whereas cities and localities across the country are recognizing September 26 as Mesothelioma Awareness Day: Now, therefore, be it

Resolved, That the House of Representatives--

(1) supports the goals and ideals of Mesothelioma Awareness Day; and

(2) urges the President to issue a proclamation calling on the people of the United States, Federal departments and agencies, States, localities, organizations, and media to annually observe a National Mesothelioma Awareness day with appropriate ceremonies and activities.

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