DOCSLIB.ORG

2015: Fighting Corporate Power Together

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2015: Fighting Corporate Power Together PUBLIC CITIZEN NEWS January/February 2016 5 2015: Fighting Corporate Power Together “We the People have not conceded the right to decide our own future.” Those words from Public Citizen Presi- dent Robert Weissman capture the spirit of our members. In 2015, you demonstrated remarkable commitment to the goal of Public Citizen: a democracy that works for and protects everyone. You advanced the movement to over- turn Citizens United. Calling for presidential action, in 30 states, you rallied to protest sneaky political spending by corporations, and you supported an executive order to stop businesses with government contracts from influencing elections. You helped us keep the pressure on regu- lators to issue long-delayed Dodd-Frank Act rules to protect consumers and stop Wall Street predations. In the long battle against bad trade deals that favor multinational corporations, you exercised persistence in calling on lawmak- ers to reject Fast Track legislation and the Trans-Pacific Partnership deal. On the federal and state levels, you came together to demand bold climate action in the U.S. Environmental Protection Agency’s Clean Power Plan, fought a Chicago energy behemoth’s power grab, opposed bailouts for Ohio power plants and let Texas officials know that you support renewable energy. Buoyed by your fervor for justice, we chal- lenged Big Business in three cases before the U.S. Supreme Court and successfully advocated higher fines for automakers that withhold information about safety defects. Your support gave us the resources to campaign for state single-payer programs, demonstrate the harms of unsafe new drugs and successfully drive down the high costs of lifesaving drugs in developing countries. We thank you for your continued sup- port, which keeps our work going — whether we’re on the ground or steeped in data. A few short pages can’t encompass all you helped us accomplish this year, but they are a good reflection of our work together. 6 January/February 2016 PUBLIC CITIZEN NEWS DEMOCRACY State voices rise against Big Money Washington, D.C., 16 states and nearly 700 cities and towns support a constitu- tional amendment to overturn Citizens United. Public Citizen boosted the people power in other states working to join that list: • We worked with pro-democracy groups in Arkansas, who began col- lecting the 67,000 signatures neces- sary to place a constitutional amend- Public Citizen photo/Philip Anderson ment initiative on the November “Across political ideologies, Americans are wise to the real threat of unchecked and secret election spending. State by ballot. state, the voice of We the People will win over Big Business and billionaires,” said Jonah Minkoff-Zern (far right), co- • We aided a volunteer-driven effort and director of Public Citizen’s Democracy Is For People campaign. Above, on Dec. 16, activists delivered to the White House 1 million a June “Resolutions Week” in Iowa, signatures supporting an executive order requiring political spending disclosure by government contractors. which resulted in nine cities and coun- ties passing resolutions in support of an amendment. • We bolstered bipartisan efforts to usher 1 Million in Favor of Presidential Action a letter supporting an amendment through the New York Assembly. The state Senate is one signature away from In 2015, the Wild West era litical spending disclosure rule, roads GPS, and it would en- having a majority sign on to the letter. of campaign spending got adding more cities calling for sure that these companies are • We asked our Seattle members to wilder. Experts anticipate a constitutional amendment, not corrupting the government support the Honest Elections Initia- $10 billion will be spent on and winning more sponsors of contracting process through tive, which passed. This will curb Big the 2016 elections. Outside public financing of elections. their political spending. Money contributions and implement groups surely will shatter all But while we’re well aware Mobilizing activists who are small-donor matching funding in city previous spending records, of the barriers blocking action, fed up with the unchecked in- elections. And we’re part of the WA- ensuring months of TV attack we’re acutely aware of the fluence corporations and the mend coalition that gathered signa- ads that alienate the citizenry need to win concrete reform. wealthy have over elections, tures to put an amendment initiative and degrade our democracy. So we focused special at- we helped organize dozens on the November 2016 state ballot. But while the problem is tention on the White House, of April rallies in 30 states to getting progressively worse, urging President Barack support an executive order. and while overwhelming num- Obama to issue an executive From California to Minne- bers of Americans favor far- order requiring government sota to Florida, the grassroots Pushing agencies on dark money reaching reform, including a contractors to disclose their movement to restore the bal- constitutional amendment to political spending. ance of power to voters was overturn Citizens United, the Such an order — which heard, with pro-democracy • We petitioned the Federal Election federal policy response to Citi- doesn’t require the approval groups, including Public Citi- Commission (FEC) to enforce its zens United has been to do ex- of Congress — would affect at zen, delivering a half-million regulations designed to keep dark actly nothing. least 70 percent of Fortune 100 signatures — collected in one money out of elections. In 2015, Public Citizen worked companies, covering indus- month — to the White House. • After two years, the FEC released its in Congress, various regulatory tries from defense to energy to Two weeks later, 6,000 ad- general counsel’s report in the ongo- agencies and the courts to ad- entertainment. It would enable vocates flooded White House ing case Public Citizen v. FEC. The vance reform. We made im- the public to know which com- telephone lines with demands counsel concluded that we likely are portant progress, generating a panies are funneling money for the order. By December, correct that Karl Rove’s Crossroads growing public outcry for the into elections through outfits 1 million signatures had been GPS nonprofit has crossed the line U.S. Securities and Exchange like the U.S. Chamber of Com- collected urging the president into political activity and should dis- Commission to adopt a po- merce or Karl Rove’s Cross- to take action. close its donors. • Our Bright Lines Project kept the pressure on the IRS to revise a rule that clearly defines nonprofit political activity, which, if crafted well, would help keep nonprofits like Crossroads I support Public Citizen and do local GPS from funneling dark money into organizing to overturn Citizens United elections. because I believe we all have an • In ads plastered throughout a ma- “ important role to play in standing up jor Washington, D.C., train station, we called on U.S. Securities and for democracy. Exchange Commission Chair Mary Jo White to require publicly traded Annie Phillips companies to disclose their political spending, as 1.2 million public com- ” Public Citizen volunteer ments have requested. PUBLIC CITIZEN NEWS January/February 2016 7 GOVERNMENT AND FINANCIAL REFORM Congress, don’t gut our regulatory protections! If the 114th Congress did nothing else Making Wall Street Play by the Rules in 2015, it made introducing anti-regula- tory legislation a high priority. Each week, it seemed, lawmakers spewed bills that would give a break to corporate criminals The reason our government rules haven’t been finalized or that the ratio was too difficult or big polluters. Representatives even doesn’t control Wall Street issued by regulatory agencies, to calculate. During that time, crafted legislation requiring government is because Wall Street con- and others have been watered Public Citizen pushed back, agencies to consider the effect of regula- trols our government. Along down or rolled back through highlighting the importance tions on businesses before thinking about with campaign spending and corporate lobbying efforts. of the rule and encouraging the benefits to citizens. spending billions on lobbyists, One important Dodd-Frank members to urge the agency to As members of Congress introduced, the revolving door is one vital rule was issued on Aug. 5: The act. The increased transparen- and sometimes reintroduced, these anti- way the big banks exert undue U.S. Securities and Exchange cy will empower shareholders safeguards assaults, we trekked to Capitol influence: by sending execu- Commission now requires to modify CEO pay that drains Hill to testify before and educate lawmak- tives to work as government companies to disclose how funds from investors and hard- ers. At congressional hearings, we showed regulators and by offering jobs much their CEOs take home working employees. how regulations protect vulnerable popu- to officials and regulators once compared to the median em- In 2016, we will press agen- lations and how a strong regulatory system they leave government service. ployee. The rule came after cies to issue more Dodd-Frank benefits public health and safety, financial Employees swooshing back five years of corporate lobby- rules, including one involving security and the environment. and forth between government ing and improbable excuses skyrocketing banker pay. We stressed the timely message that the and corporate jobs is known as regulatory process needs fixing to prevent the “revolving door.” Amazing-
Load more

Recommended publications
  • Retaliatory RICO and the Puzzle of Fraudulent Claiming
    Michigan Law Review Volume 115 Issue 5 2017 Retaliatory RICO and the Puzzle of Fraudulent Claiming Nora Freeman Engstrom Stanford Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Litigation Commons, and the Torts Commons Recommended Citation Nora Freeman Engstrom, Retaliatory RICO and the Puzzle of Fraudulent Claiming, 115 MICH. L. REV. 639 (2017). Available at: https://repository.law.umich.edu/mlr/vol115/iss5/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. RETALIATORY RICO AND THE PUZZLE OF FRAUDULENT CLAIMING Nora Freeman Engstrom* Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individu- als’ incentives and opportunities to seek redress. Unsatisfied with these con- ventional efforts, in recent years, at least a dozen corporate defendants have “discovered” a new fraud-fighting tool. They’ve started filing retaliatory RICO suits against plaintiffs and their lawyers and experts, alleging that the initia- tion of certain nonmeritorious litigation constitutes racketeering activity— while tort reform advocates have applauded these efforts and exhorted more “courageous” companies to follow suit. Curiously, though, all of this has taken place against a virtual empirical void. Is the tort liability system actually brimming with fraudulent claims? No one knows.
    [Show full text]
  • Consumers Win on Product Liability
    Consumers Win on Product Liability Senator Ernest F. "Fritz" Hollings (D-SC) differing views on proposals to establish Exon, who was hospitalized, was one of crafted a major upset victory for alternative compensation systems which the senators whose proxies Hollings pro- American consumers when his lead- would reduce the need for lawsuits. duced in his masterful strategic victory. ership blocked anti-consumer product liabili- Senators Slade Gorton (R-WA) and Christo- "The bill is not dead," says Kimmelman, ty legislation in the Senate Commerce, pher Dodd (D-CN) have proposed that an "but the committee vote is both a fantastic Science and Technology Committee. administrative procedure be established victory for victims and a significant set- Hollings' masterful strategy surprised the whereby persons injured by defective prod- back to those who would impede recovery proponents of S. 100 and denied a majority ucts could recover damages directly from for injuries caused by defective products to the bill, which would wipe out essential the manufacturer without going to court. and reduce incentives to manufacture safe consumer protections contained in current Damages, however, would be limited to costs ones—both of which S. 100 would do." state product liability laws. such as lost wages and medical care, pro- Kimmelman characterized the commit- In recognition of his role in a victory hibiting payments for pain and suffering tee vote as a "major embarrassment" for that was totally unforeseen, Hollings will or punitive damages. business representatives who were clearly receive a special Distinguished Public In seeking votes for S. 100, Danforth "outfoxed" by Hollings. Service Award at Consumer Federation of promised hearings on the latter proposals "The momentum is now going against America's 15th annual Awards Dinner on before attempting to bring the Kasten bill the business alliance which had already June 19.
    [Show full text]
  • July 21 ,2020 Honorable Edward Markey
    July 21 ,2020 Honorable Edward Markey United States Senate Washington, D. C. 20510 Dear Senator Markey: We are writing as national and state consumer and public interest leaders and advocates who have spent our careers advancing public health, safety, consumer and environmental protection policies in Congress, the Executive Branch, the Courts and the State of Massachusetts. We want to thank you for your lifetime of instrumental work in Massachusetts and in the U.S. Congress, writing laws and forcing issuance of regulations for social justice, public health, safe and affordable transportation, environmental sustainability, a fair marketplace, investor protection, public access to electronic communications, public access to the courts, and personal privacy. A group of us analyzed your record and we have attached our list of your most notable achievements. In all these areas, you are one of the greatest leaders and legislators in Congress. In addition, we appreciate your latest work advocating for healthcare as a right, for preserving the advances under the Affordable Care Act while pressing for Medicare for All, and your focus on emergency measures for families ravaged by the coronavirus pandemic. In addition, the cutting-edge “Green New Deal” you proposed with freshman Rep. Alexandria Ocasio-Cortez has given new hope to a generation of young activists demanding that the existential threat of the climate crisis be addressed immediately and urgently. This is a realistic plan, defined by your determination to transform our job-shrinking fossil fuel economy into a job-building renewable fuel economy. These are just some recent examples of your advocacy of innovative solutions to deeply embedded problems regardless of the powerful, aggressive special interests that may oppose your remedies.
    [Show full text]
  • Lawyers, Lawsuits, and Legal Rights: the Battle Over Litigation in American Society
    Preferred Citation: Burke, Thomas F. Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society. Berkeley: University of California Press, c2002 2002. http://ark.cdlib.org/ark:/13030/kt9n39q5pr/ LAWYERS, LAWSUITS, AND LEGAL RIGHTS The Battle over Litigation in American Society THOMAS F. BURKE UNIVERSITY OF CALIFORNIA PRESS BERKELEY LOS ANGELES LONDON 2002 ― ― [Dedication] To my mom, Juanita Burke, whose love of learning was the beginning of all this Preferred Citation: Burke, Thomas F. Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society. Berkeley: University of California Press, c2002 2002. http://ark.cdlib.org/ark:/13030/kt9n39q5pr/ ― ― [Dedication] To my mom, Juanita Burke, whose love of learning was the beginning of all this ― ― CONTENTS Acknowledgments ix INTRODUCTION 1 1. THE BATTLE OVER LITIGATION 22 2. THE CREATION OF A LITIGIOUS POLICY 60 The Americans with Disabilities Act 3. A FAILED ANTILITIGATION EFFORT 103 The Struggle over No-Fault Auto Insurance in California 4. A SHOT OF ANTILITIGATION REFORM 142 The Vaccine Injury Compensation Program 5. UNDERSTANDING THE LITIGATION DEBATE 171 Notes 205 Index 261 ― ix ― ACKNOWLEDGMENTS This book is the end of a long and mostly enjoyable journey, eased by the support of several generous institutions and graced most of all by the friends I met along the way. The first interview I conducted for this book was in San Francisco, the last in Stockholm, Sweden. In between were stops at such varied locales as Charlottesville, Virginia, Simi Valley, California, Turton, South Dakota, and of course, Washington, D.C. I am indebted to the many people, famous and not so famous, who kindly agreed to be interviewed.
    [Show full text]
  • President-Elect Biden Transition Letter on Regulations
    Dec. 9, 2020 Dear President-Elect Biden, The country faces enormous challenges. As you transition into your presidential term, the American public is counting on you and your administration to repair the damage from the Trump Administration’s extreme and dangerous deregulatory agenda. Hundreds of rollbacks of protections under the previous administration -- imperiling our planet, endangering workers and consumers, facilitating corporate rip-offs, eroding workers’ pay, enabling discrimination based on race, gender and sexual orientation and leaving our nation more unjust -- must now be undone. At the same time, the nation needs strong new safeguards to address the COVID-19, climate, economic and racial justice crises, and to rebuild the public’s trust and confidence that our government agencies are working for them. In the face of a potentially divided Congress, the regulatory process will be one of the most critical avenues for your Administration to meet these challenges. The Coalition for Sensible Safeguards (CSS) — an alliance of more than 160 consumer, labor, scientific, research, faith, community, environmental, small business, good government, civil rights, public health and public interest groups representing millions of people — supports a regulatory agenda that makes our government work for the American people, not special interests. It is especially important to ensure that the main White House regulatory office, the Office of Information and Regulatory Affairs (OIRA), take on the mission of advancing – not slowing or derailing – a strong proactive agenda for safeguarding the public, workers and the environment. CSS and the 95 under-signed groups and individuals offer the following recommendations to help ensure that our regulatory system works to protect, workers, consumers, our environment, and our economy.
    [Show full text]
  • Civil Justice Project News
    Civil Justice Project News www.civiljusticeproject.org Summer/Fall 2020 Lawsuit Challenges CFPB Justice Ginsburg Rule that Undermines Anti- he nation lost a tower- Ting figure with Justice Discrimination Law Ginsburg’s death — a pioneer, n a lawsuit filed in July, to report data about mortgage pathbreaker, and crusader for IPublic Citizen is represent- loans and home equity lines of justice and equality. ing the National Commu- credit. She became a beloved and nity Reinvestment Coalition, HMDA was enacted in 1975 iconic figure because of her own Montana Fair Housing, Texas in response to widespread trailblazing biography, her break- Low Income Housing Informa- concerns about “redlining” and through lawyering for equality, tion Service, the inadequate access to credit in her fierce defense of justice and City of Toledo, certain areas, particularly urban liberty as a U.S. Empire Justice areas inhabited predominantly Supreme Court Center, and the by people of color. justice, and, not Association for As a sunshine statute, HMDA least, her wit, Neighborhood seeks to hold lending institu- panache, and and Housing tions publicly accountable by Michael readiness to tell it Kirkpatrick, Development in a for making loans responsibly like it is. The loss attorney, challenge to a new to traditionally underserved by Robert Litigation Group Weissman, of someone of Consumer Finan- populations. HMDA requires president such impact and cial Protection Bureau (CFPB) certain financial institutions moral force hits rule that undermines efforts to to collect, record, and report hard. identify — and in that way deter specific information about their It should. — housing discrimination. mortgage lending activity. As we mourn, we need to This spring, the CFPB Its main purposes are to reflect on her achievements issued a new rule under the provide the public with loan and spirit, and we need to Home Mortgage Disclosure data to assess whether financial acknowledge the pain of loss.
    [Show full text]
  • Public Hearing On
    PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE JUDICIAL CONFERENCE ADVISORY COMMITTEE ON CIVIL RULES Thurgood Marshall Federal Judiciary Building Washington, D.C. November 3, 2016 List of Confirmed Witnesses for the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure Judicial Conference Advisory Committee on Civil Rules Thurgood Marshall Federal Judiciary Building Washington, D.C. November 3, 2016 – 9:00 A.M. Witness Name Organization Testimony 1. Sai No written testimony submitted 2. Jeffrey A. Holmstrand DRI: The Voice of the Defense Bar Tab 1 3. Mark P. Chalos Lieff, Cabraser, Heimann & Bernstein No written testimony submitted 4. John H. Beisner Skadden Arps No written testimony submitted 5. Alan B. Morrison George Washington University Law School Tab 2 6. John Parker Sweeney DRI: The Voice of the Defense Bar Tab 1 7. Stuart Rossman National Consumer Law Center and Tab 3 National Association of Consumer Advocates 8. Brent Johnson Committee to Support Antitrust Laws Tab 4 (COSAL) 9. Mary Massaron Plunkett Cooney No written testimony submitted 10. Brian Wolfman Georgetown University Law Center Tab 5 11. Hassan Zavareei Tycko & Zavareei Tab 6 Tab 1 Written Testimony of Jeffrey A. Holmstrand and John Parker Sweeney, on behalf of DRI: The Voice of the Defense Bar COMMENT to the RULE 23 SUBCOMMITTEE, ADVISORY COMMITTEE ON CIVIL RULES September 10, 2015 DRI: The Voice of the Defense Bar This page intentionally left blank. DRI – The Voice of the Defense Bar Page 2 of 28 ORGANIZATIONAL OVERVIEW DRI – The Voice of the Defense Bar is pleased to provide the following comments to the Advisory Committee on Civil Rules’ Rule 23 Subcommittee.
    [Show full text]
  • On Google, Neutrality, and Otherness
    In Search of Alterity: On Google, Neutrality, and Otherness Marcelo Thompson* Discourses on network neutrality have often, if not always, been introduced without any more in-depth evaluation of their normative bearings. This Article pursues such an evaluative approach against a specific empirical backdrop. It inquires into that which has been the archetypal voice in network neutrality discourses: Google’s. In doing so, this Article reveals as much about Google’s views on network neutrality as it does about the normative context and regulatory implications of Google’s own activities. Drawing on Google’s policy propositions, this Article demonstrates that Google’s support for network neutrality relates to a broader normative culture Google seeks to advance. Such is a culture in which Google’s possibilities of reasoning and acting upon its reasons assume a degree of priority in relation to those of other actors in the information environment. This Article demonstrates that the method of such a culture is the nullification and neutralization of equal possibilities of reasoning and action by actors other than Google. It explains the incoherence of Google’s overall approach and refutes the idea that other actors, here ISPs, should be treated more detrimentally than Google due to their being Internet bottlenecks in a way that Google arguably is not. By discussing the normative contours of Google’s influence, this Article points toward the limitations of existing theories about the regulation of “search” and suggests an alternative theoretical model that focuses on search from a broader perspective within the regulation of the information environment. In the model proposed, neutrality does not play any role—reason and alterity do.
    [Show full text]
  • The Law Schools Across the Nation
    The The Nonprofit Org. laws in translation Professor Jerome Cohen has spent U.S. Postage Law School PAID his life bridging East and West, and Rochester, NY promoting the rule of law in China Office of Development and Alumni Relations Permit No. 841 The 161 Avenue of the Americas, Fifth Floor beyond borders New York, NY 10013-1205 Ten experts debate what’s at stake T H E at the intersection of immigration M A Law School THE MAGAZINE OF THE NEW yorK UNIVERSITY scHOOL OF Law | 2009 and law enforcement G A Z INE OF T H E NEW yor K K UNI V ERSITY sc H OO L L OF L aw | 2009 Brick by cahill gordon & reindel llp cravath, swaine & moore llp fried, frank, harris, shriver & jacobson llp paul, weiss, rifkind, wharton & garrison llp sullivan & cromwell llp Brick wachtell, lipton, rosen & katz weil, gotshal & manges llp Between Liberty 2009 | V and Security O L U Find out what you can do to have Please contact Marsha Metrinko at M IN THE WAKE OF 9/11, SACRED TENETS OF DEMOCRACY ARE BEING challengED E your firm acknowledged on our (212) 998-6485 or [email protected]. XIX WALL OF HONOR. and A NEW LEGAL DISCIPLINE grapples WITH the FallOUT. Take A Shot f r i d a y & y a d i r f 16–17, saturday 2010 aprilnyu school of law $400 Million 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 Please visit law.nyu.edu/reunion2010 for more information Increase Alumni Participation Rate Double the to 30% Annual Fund Contributions Ourof any historic amount capital bring campaign us closer concludes to hitting allon threeDecember of our 31, campaign 2009.
    [Show full text]
  • CONSUMER PRODUCT SAFETY COMMISSION Bethesda, Maryland
    U.S. CONSUMER PRODUCT SAFETY COMMISSION Bethesda, Maryland Public Hearing: Commission Agenda and Priorities for FY 2022 Wednesday, April 7, 2021 – 10:00 AM All attendees should pre-register for the Webinar. To pre-register for the Webinar, please visit https://attendee.gotowebinar.com/register/2395411838620426511 and fill in the information. After registering you will receive a confirmation email containing information about joining the webinar. EDT Presenter Affiliation 10:00 AM Opening Acting Chairman Adler Benjamin Hoffman, MD, 10:05 AM Panel 1 1 American Academy of Pediatrics CPST-1, FAAP 2 Nancy Cowles Kids In Danger 3 Rachel Weintraub Consumer Federation of America 4 Brett Horn Charlie’s House 5 Crystal Ellis Member of Parents Against Tip-Overs Panel 1 10:30 AM Commission Questions 10:55 PM Panel 2 6 Oriene Shin Consumer Reports 7 Trista Hamsmith Reese’s Purpose 8 Remington Gregg Public Citizen 9 Keisha Bowles Another Day, Another Chance 10 Kristen Kern American Apparel & Footwear Association Panel 2 11:20 AM Commission Questions 11:45 AM – 12:45 PM - - - - - Lunch Break - - - - - - 12:50 PM Panel 3 11 Charles A. Samuels Association of Home Appliance Manufacturers 12 Karin Athenas TIC Council of Americas 13 Margaret P. Lewis Survivors for Good 14 Janet McGee The LifTed, LLC 15 Meghan DeLong Conner’s Legacy Foundation, Inc. 16 Linda Kaiser Parents for Window Blind Safety Panel 3 1:20 PM Commission Questions 1:50 PM Adjourn Acting Chairman Adler CPSC Agenda and Priorities for FY 2022 Public Hearing – April 7, 2021 @10am Written Comments / Oral Presentations 1. Nils Behrndt, Acting Deputy Director-General for Justice and Consumers European Commission 2.
    [Show full text]
  • Civil Justice Project News
    Civil Justice Project News www.civiljusticeproject.org Winter/Spring 2020 Public Citizen Says Oil Companies Justice and the Aren’t Federal Officers Coronavirus s the public has learned be dismissed. he coronavirus is sweeping Amore about the causes and Beginning in 2017, at least Tacross the country as we effects of global warming, it 10 state and local governments go to press and has become a has become clear that major oil sued major oil companies in genuine national public health companies have long known that state courts claiming that their emergency. the greenhouse-gas emissions activities have created a “public The pandemic is laying bare produced when their products nuisance.” The lawsuits seek profound flaws in our health are used cause potentially damages and compensation for care system, underinvestment in catastrophic damage to our the costs governments face in our public health infrastructure planet’s climate. trying to protect their residents and huge gaps in worker protec- Nonetheless, from the consequences of tions. It is likely those companies climate change. So far, suits have to wreak severe chose to conceal been brought by, among others, economic havoc, their knowledge seven cities and counties in with the worst for many years California; the city of Baltimore, pain felt by the while feeding Md.; the state of Rhode Island; most vulnerable by Scott Nelson, our fossil-fuel and Boulder County, Colo. among us, and attorney, by Robert Litigation Group addiction. When In each case, the oil compa- Weissman, it threatens to the compa- nies’ first move was to try to president interfere with our nies’ knowledge came to light, remove the case to federal court, ability to conduct lawsuits followed.
    [Show full text]
  • Defensive Medicine and Medical Malpractice
    Defensive Medicine and Medical Malpractice July 1994 OTA-H-602 NTIS order #PB94-193257 GPO stock #052-003-01377-1 Recommended Citation: U.S. Congress, Office of Technology Assessment, Defensive Medicine and Medical Malpractice, OTA-H--6O2 (Washington, DC: U.S. Government Printing Office, July 1994). Foreword he medical malpractice system has frequently been cited as a contributor to increasing health care costs and has been targeted in many health care reform proposals as a potential source of T savings. The medical malpractice system can add to the costs of health care directly through increases in malpractice insurance pre- miums, which may be passed on to consumers and third–party payers in the form of higher fees. However, total direct costs of the medical mal- practice system represent less than 1 percent of overall health care costs in the United States. The medical malpractice system may also increase costs indirectly by encouraging physicians to practice defensive medicine. In this assess- ment, the Office of Technology Assessment first examines the nature of defensive medicine, adopting a working definition of defensive medi- cine that embraces the complexity of the problem from both the physi- cian and broader public policy perspectives. It then presents and critical- ly examines existing as well as new evidence on the extent of defensive medicine. Finally, it comments on the potential impact of a variety of medical malpractice reforms on the practice of defensive medicine. This assessment was prepared in response to a request by the House Committee on Ways and Means and the Senate Committee on Labor and Human Resources.
    [Show full text]