DOCSLIB.ORG

Civil Justice Project News

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

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. It Act (HMDA). The rule excuses institutions are meeting the is important, too, that we take thousands of financial institu- housing needs of their commu- inspiration and honor Justice tions from reporting data that nities, to inform public-sector Ginsburg’s legacy by doubling is key to uncovering housing investment decisions, to identify down on our commitment to the discrimination, by raising the discriminatory lending patterns, values she cherished. loan-volume coverage thresh- and to enforce anti-discrimina- olds for financial institutions See CFPB, Page 10 See RBG, Page 11 INSIDE Inside the Campaign to Stop Corporate Immunity Advancing a Proactive Civil Justice Legislative Dissecting the SAFE TO WORK Act Agenda Civil Justice Project News Civil Justice Project News Advancing a Proactive Civil Justice Summer/Fall 2020 Public Citizen President Legislative Agenda Robert Weissman Executive Vice President ver the past several decades, allows individuals to bring a Lisa Gilbert OCongress and the U.S. claim seeking injunctive relief Public Citizen Inc. Board of Directors Jason Adkins (chair) Supreme Court have chipped on behalf of employees or the Joan Claybrook Andrew S. Friedman away at individuals’ ability to state of California for labor Anne Galland Danny Goldberg seek legal redress for violations violations, and courts have held Jim Hightower Joy Howell of their rights. As a result, corpo- that those claims are not subject John Richard Anthony So Robert Weissman (ex officio) rations today are often immune to forced arbitration clauses in Public Citizen Foundation Board of Directors from accountability for wrong- employment contracts. Second, Mark A. Chavez (chair) Jim Bildner doing. Public Citizen is working citizen suits bolster enforcement Robert C. Fellmeth David Halperin to flip this dynamic by putting with federal law, by permitting Annie Leonard Cynthia Renfro forth a proac- individuals to sue on behalf of Steve Skrovan Gerson H. Smoger tive agenda that the government. Robert Weissman (ex officio) puts consumers In addition, we are think- Civil Justice Project Director Amanda Fleming and workers first ing through revisions to the Editor and Production Manager by correcting Federal Rules of Civil Procedure Rhoda Feng laws and court to counteract the U.S. Supreme Public Citizen Litigation Group Allison Zieve (director) decisions that Court’s decisions in Ashcroft v. Nandan Joshi Michael Kirkpatrick impede access to Iqbal and Bell Atlantic Corp. v. Kaitlin Leary by Remington Paul Alan Levy Scott Nelson Gregg, lobbyist the civil justice Twombly. Those cases changed Dami Obaro for Civil Justice system. longstanding federal pleading Grace Paras and Consumer Adam Pulver Adina Rosenbaum Rights Not surpris- standards in a way that enables Matthew A. Seligman Rebecca Smullin ingly, combatting defendants to obtain dismissal Martha Solt forced arbitration is on the top of of potentially meritorious cases Public Citizen’s Congress Watch Susan Harley (managing director) the priority list. We made signifi- before discovery. The impact Zachary Brown Rachel Curley cant progress last year when the on cases brought by individuals Juley Fulcher Remington Gregg U.S. House of Representatives (and, in particular, employment Alex Harman Craig Holman passed a bill banning the use of and civil rights cases) has been Eagan Kemp Matt Kent forced arbitration clauses. We especially notable. Miriam Li Taylor Lincoln will redouble our efforts in the Preemption is another area Jana Morgan Amit Narang next Congress to pass it in both where we see an opportunity Bartlett Naylor Emily Peterson-Cassin Aswar Rahman chambers. for proactive change to increase Mike Tanglis Bret Thompson Also on our agenda is expand- access to courts. Over the past Public Citizen’s Health Research Group ing opportunities to bring few decades, Congress and the Michael Carome, M.D. (director) Sidney M. Wolfe, M.D. (founder, senior adviser) “citizen suits.” Doing so would courts have immunized numer- Michael Abrams, M.P.H., Ph.D. Azza AbuDagga, MHA, Ph.D. have two advantages. First, ous industries from liability to Diane Krauthamer Alan Levine citizen suits may offer a way consumers by making a compa- Fiona Lynn for individuals to seek some ny’s compliance with federal law Material in Civil Justice Project News may not be reprinted without permission from Public Citizen. For more information, please contact Amanda Fleming at measure of justice when they a complete defense to injured (202) 588-7734 or [email protected]. have been barred from court consumers’ state-law claims. We Visit us online at www.civiljusticeproject.org. due to forced arbitration. For plan to advocate for legislation © Public Citizen’s Civil Justice Project 2020. example, California’s Private All rights reserved. Attorneys General Act (PAGA) See Civil Justice, Page 3 2 Public Citizen Civil Justice Project News Civil Justice, Continued from Page 2 to overturn preemption of state- revealed during litigation is for legislation providing that, law damages claims brought kept secret by broad protective in statutes that provide for an against businesses including gun orders, to which the plaintiffs award of attorney fees to the manufacturers, medical device agree in order to avoid discovery prevailing plaintiff, the plaintiff manufacturers, and cruise ship disputes and which the courts may be deemed prevailing when companies. impose without assessing the the lawsuit acted as a catalyst in Product liability cases can need for confidentiality with bringing about a goal sought in expose practices that endanger respect to specific documents. litigation. public health, and disclosure We will advocate for rules that In 2001, in a case called of information uncovered in bar enforcement of broad protec- Buckhannon Board & Care Home these cases can protect other tive orders, absent a showing of v. West Virginia Department of people, deter misconduct, and specific need for confidentiality Health and Human Services, catalyze regulatory action. Too of the documents covered. often, however, information Additionally, we will advocate See Civil Justice, Page 13 Photo of the U.S. Supreme Court courtesy of Emily Prechtl. THANK YOU TO OUR SUPPORTERS — CIVIL JUSTICE TRUSTEES (Annual Support of $25,000+) Caragh Fay Scott Owens Brian Warwick Thomas Fortune Fay Gerson H. Smoger Andrew S. Friedman Janet Varnell Summer/Fall 2020 3 Civil Justice Project News Inside the Campaign to Stop Corporate Immunity n May, U.S. Senate Major- witnesses who testified at a May not just a civil justice issue, Iity Leader Mitch McConnell hearing on business immunity; but as a unique racial justice (R-Ky.) said that he would not we submitted written testi- problem, we were also able to advance another coronavirus mony at that hearing; and we shine light on the situation of stimulus package to the Senate organized an opposition letter Black and Brown individuals floor unless it included a provi- from 140 organizations that who are disproportionately on sion to immunize companies represent a broad coalition of the frontlines of our economy — from coronavirus-related constituencies. We also worked as cashiers, janitors, and factory lawsuits. with student organizations workers. After months of drafting, to prepare for a June hearing Brown astutely noted that U.S. Sen. John Cornyn (R-Tex.) focused on the impact of school we have been calling frontline released a bill in July. Opposition reopenings, including the impact workers “heroes” because, while to the proposal was quick and of immunizing schools
Recommended publications
  • Testimony of Joan Claybrook, President, Public Citizen, Former

    Testimony of Joan Claybrook, President, Public Citizen, Former

    Testimony of Joan Claybrook, President, Public Citizen, Former Administrator, National Highway Traffic Safety Administration before the Senate Committee on Competition, Foreign Commerce and Infrastructure June 3, 2004 Thank you, Mr. Chairman and members of the Senate Competition, Foreign Commerce and Infrastructure Committee, for the opportunity to offer this written testimony on the importance of improvements in vehicle safety. My name is Joan Claybrook and I am President of Public Citizen, a national non-profit public interest organization with over 150,000 members nationwide. We represent consumer interests through lobbying, litigation, regulatory oversight, research and public education. I am testifying before you with shocking news that has, over time, sadly become hum-drum fact. Vehicle crashes are the leading cause of death for Americans from 4 to 34 – killing 118 people every day of the year – the same as a major airline flight crashing each and every day. The National Highway Traffic Safety Administration (NHTSA) estimates the direct cost in economic losses from vehicle crashes is $230 billion each year (in 2000 dollars), or $820 for every man, woman and child in the U.S.1 Dr. Jeffrey Runge, Administrator of NHTSA, predicted last year that the total dead could reach 50,000 annually in 2008. “This is a Vietnam War every year,” he said. “That’s just not tolerable.” Mr. Chairman, I agree. The Transportation, Recall Enhancement, Accountability and Documentation Act, called the TREAD Act, was passed by Congress in November 2000 after a reporter in Houston, Texas, grabbed the attention of the nation with her story that Ford Explorers with Firestone tires were experiencing sudden tire blowouts, rolling over and killing the people inside.
  • Public Citizen Annual Report 2007

    Public Citizen Annual Report 2007

    Public Citizen Annual Report 2007 www.citizen.org President Joan Claybrook Board Members Public Citizen Inc. Adolph L. Reed Jr., Chair Joan Claybrook Public Citizen is a national, nonprofit advocacy organization David Halperin that represents people in the halls of power. For more than 35 years, Howard Metzenbaum we have successfully fought for openness and democratic accounta- Joseph A. Page, bility in government; public funding of elections; a more ethical Secretary-Treasurer Congress; clean, safe and sustainable energy; safer trucks and auto- mobiles; stronger worker safety protections; safe, effective and Public Citizen affordable prescription drugs; and fair trade. Foundation Inc. Robert C. Fellmeth, Public Citizen does not take corporate or government money, so Chair we can name names and hold those in power accountable. For that Lisa A. Blue reason, we rely on financial support from our members and founda- Joan Claybrook tions. We also rely on the sale of publications, including our block- Joseph W. Cotchett buster “Worst Pills, Best Pills” book and newsletter, as well as the Liz Figueroa continuously updated Web site WorstPills.org. Jim Hightower, Secretary-Treasurer If you would like to contribute to Public Citizen or become a Steve Skrovan member, please call (202) 588-1000 or visit our Web site at www.cit- izen.org/join. Directors David J. Arkush, Congress Watch; Marilyn Berger, Administration; Brent Berwager, Development; Angela Bradbery, Communications; Tyson Slocum, Energy; Tom Smith, Texas; Lori Wallach, Global Trade Watch; Sidney M. Wolfe, M.D., Health Research; Brian Wolfman, Litigation Editor Bridgette Blair Production Manager James Decker From the president n the 2006 congressional elec- Itions, the American public – fed up with Washington’s status quo of scandals, ethics abuses and bad policies – showed tection of consumers in medical guarantee for energy companies Republicans the door.
  • Public Citizen Copyright © 2016 by Public Citizen Foundation All Rights Reserved

    Public Citizen Copyright © 2016 by Public Citizen Foundation All Rights Reserved

    Public Citizen Copyright © 2016 by Public Citizen Foundation All rights reserved. Public Citizen Foundation 1600 20th St. NW Washington, D.C. 20009 www.citizen.org ISBN: 978-1-58231-099-2 Doyle Printing, 2016 Printed in the United States of America PUBLIC CITIZEN THE SENTINEL OF DEMOCRACY CONTENTS Preface: The Biggest Get ...................................................................7 Introduction ....................................................................................11 1 Nader’s Raiders for the Lost Democracy....................................... 15 2 Tools for Attack on All Fronts.......................................................29 3 Creating a Healthy Democracy .....................................................43 4 Seeking Justice, Setting Precedents ..............................................61 5 The Race for Auto Safety ..............................................................89 6 Money and Politics: Making Government Accountable ..............113 7 Citizen Safeguards Under Siege: Regulatory Backlash ................155 8 The Phony “Lawsuit Crisis” .........................................................173 9 Saving Your Energy .................................................................... 197 10 Going Global ...............................................................................231 11 The Fifth Branch of Government................................................ 261 Appendix ......................................................................................271 Acknowledgments ........................................................................289
  • Safety Pioneer Joan Claybrook Receives 2012 Community Hero Award

    Safety Pioneer Joan Claybrook Receives 2012 Community Hero Award

    News Release For Immediate Release: Contact: Tim Parsons October 9, 2012 410-955-7619 or [email protected] Safety Pioneer Joan Claybrook Receives 2012 Community Hero Award Joan Claybrook, President Emeritus of Public Citizen and former administrator of the National Highway Traffic Safety Administration (NHTSA), has received the 2012 Community Hero award from the Johns Hopkins Center for Injury Research and Policy, part of the Johns Hopkins Bloomberg School of Public Health. The Community Hero Award was created by the Johns Hopkins Center for Injury Research and Policy to recognize distinguished injury prevention leaders and exemplary programs that contribute to improving safety in our communities. In 1966, Claybrook teamed up with Public Citizen founder Ralph Nader to successfully lobby for passage of the nation’s first auto safety laws. As administrator of NHTSA under President Jimmy Carter, she issued the first standards requiring air bags in all passenger vehicles and the first fuel-economy laws. These acts empowered government to establish safety standards for new vehicles and issue recalls for defective vehicles and parts. She went on to serve as president of Public Citizen from 1982 until 2009. “Motor vehicle safety is recognized by the CDC as one of the top ten public health success stories of the last century, and much of this success is attributable to the work of Joan Claybrook,” said Andrea Gielen, ScD, ScM, director of the Johns Hopkins Center for Injury Research and Policy. “We in the field of injury prevention are indebted to Joan’s tireless service, advocacy and leadership.” While at the Bloomberg School to accept her award, Claybrook spoke on “The Politics of Safety” at the annual Daniel J.
  • Senator SIMON. Mr. Chairman, If I Could Just Say I Am Going to the Same Press Conference on Health Care

    Senator SIMON. Mr. Chairman, If I Could Just Say I Am Going to the Same Press Conference on Health Care

    468 Senator SIMON. Mr. Chairman, if I could just say I am going to the same press conference on health care. The CHAIRMAN. One thing Mr. Nader understands is press con- ferences, and I am sure he will understand your need to be there. Senator METZENBAUM. Also, he understands health care. The CHAIRMAN. He understands health care, as well. As a matter of fact, I am surprised he is not going to the press conference with you. Senator COHEN. Mr. Chairman, I am told there is going to be a vote at 1:45 p.m. The CHAIRMAN. I am glad to be informed of all these things. Why don't we just begin and we will see where the schedule takes us. Mr. Nader, welcome. PANEL CONSISTING OF RALPH NADER, WASHINGTON, DC; SID- NEY M. WOLFE, CITIZEN'S GROUP, WASHINGTON, DC; LLOYD CONSTANTINE, CONSTANTINE & ASSOCIATES, NEW YORK, NY; AND RALPH ZESTES, KOGOD COLLEGE OF BUSINESS AD- MINISTRATION, AMERICAN UNIVERSITY, WASHINGTON, DC STATEMENT OF RALPH NADER Mr. NADER. Thank you, Mr. Chairman and members of the com- mittee. I would like to submit my 20-page testimony and note that there are five important attachments: First, one by Professor Carstensen, of the University of Wisconsin Law School, dealing with the case of price squeeze that was so widely discussed earlier in these hear- ings, a case by Judge Breyer; second, a thorough critique by a friend of Judge Breyer, but he is a critic, Professor Tom McGarity, of the University of Texas Law School, on Judge Breyer's health and environmental safety positions; third, a critique of Judge Breyer's chapter on the National Highway Traffic Safety Adminis- tration, by Clarence Ditlow and Joan Claybrook, which illustrates that some of Judge Breyer's research is quite shoddy; fourth, a list of very stimulating questions by Prof.
  • Retaliatory RICO and the Puzzle of Fraudulent Claiming

    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.
  • Speaker Bios

    Speaker Bios

    SPEAKER BIOS Dr. Greg Gulbransen Dr. Greg Gulbransen, a practicing pediatrician in Oyster Bay, New York, was moving his wife’s SUV a few feet – backing it from the street into a spot on the driveway when he unintentionally struck his two-year-old son, Cameron Gulbransen, on October 19, 2002. Since Cameron’s death, Dr. Gulbransen has become a national advocate for educating the public about the dangers of blindzones and working to prevent these tragic crashes. The 2008 law was named in Cameron’s memory, Cameron Gulbransen Kids Transportation Safety Act, Pub. L. 110-189. Susan Auriemma Susan Auriemma of Manhasset, New York, is the mother of Kate Auriemma whom she unintentionally injured in a backover crash in May, 2005 when Kate, her youngest, was 3 years old. Since then, Ms. Auriemma has become a leader in highlighting the dangers of backover incidents and the potential for them to happen to anyone. By continuing to share her story, Ms. Auriemma hopes that other families will not have to experience these traumatic events. Joan Claybrook Joan Claybrook is President Emeritus of Public Citizen and former Administrator of the National Highway Traffic Safety Administration. Ms. Claybrook has testified frequently before Congressional committees, and speaks to the media, private groups and educational institutions on behalf of public interest policies. Major issues Ms. Claybrook works on include auto, truck and highway safety, ethics, lobbying and campaign finance reform, and access to the courts and business regulation. Did you want to add anything here about airbags? Janette Fennell Janette Fennell is the Founder and President of KidsAndCars.org.
  • Lameduckhunt.Org Prelude to New Trade Blog

    Lameduckhunt.Org Prelude to New Trade Blog

    Public Citizen News 2006 Annual Report 5 Public Citizen’s p r o t e c 2006 t i n a n n u a l r e p o r t g y o Public Citizen Defends Citizen Interests, u r Challenges Unethical Congress in 2006 h or ethically challenged politicians and the e influence-peddlers trying to woo them, 2006 Fwill be remembered as the year the party a ended. After more than a decade of mounting cor- l ruption from one-party, Republican rule, lobbyists t and lawmakers alike were indicted, convicted and carted off to prison for ethics abuses. h However, a growing chorus of public outrage , over these abuses of power still did not hold much sway in Washington, D.C., last year. The leadership s on Capitol Hill offered only tepid reform bills to curb the influence of money in politics. The White a House and federal agencies continued to attack f hard-won government safeguards and tailor regu- e lations to benefit corporate interests. Public Citizen was in the fray, as it had been for t 35 previous years, defending the rights of citizens y and championing their interests in the halls of power. The organization showcased the worst of the worst in Congress and motivated citizens to a band together to express their displeasure with the n corporate raiding of the federal Treasury. Public Citizen also took the Food and Drug d Administration (FDA) to task on its 100th birthday for the agency’s conflicts of interest with the drug industry and for the unsafe medicines and treat- d ments – such as Vioxx and silicone breast implants e Clockwise, from top: 1) Public Citizen Photo/Bridgette – that the FDA has allowed onto the market.
  • Consumers Win on Product Liability

    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.
  • July 21 ,2020 Honorable Edward Markey

    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.
  • Lawyers, Lawsuits, and Legal Rights: the Battle Over Litigation in American Society

    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.
  • Consumer Reports * Consumer Federation of America * Center for Auto Safety Former NHTSA Administrator Joan Claybrook

    Consumer Reports * Consumer Federation of America * Center for Auto Safety Former NHTSA Administrator Joan Claybrook

    Consumer Reports * Consumer Federation of America * Center for Auto Safety Former NHTSA Administrator Joan Claybrook July 27, 2016 The Honorable Edith Ramirez Chairwoman Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20530 Dear Chairwoman Ramirez: As advocates for motor vehicle safety and truth in the marketplace, we urge you to carefully scrutinize auto manufacturers’ marketing related to automated technologies. Today, we ask for your attention to Mercedes-Benz’s advertising for the 2017 E-Class, including a TV ad currently airing called “The Future,” which markets automated features available in the 2017 E- Class. This ad is likely to mislead a reasonable consumer by representing the E-Class as self- driving when it is not. The Federal Trade Commission (FTC) should take enforcement action against companies that falsely, misleadingly, or unfairly claim that their cars drive autonomously when they actually require the steady control of a human driver. The National Highway Traffic Safety Administration (NHTSA) has stated publicly how it classifies vehicles with autonomous features. According to NHTSA, “[s]elf-driving vehicles are those in which operation of the vehicle occurs without direct driver input to control the steering, acceleration, and braking and are designed so that the driver is not expected to constantly monitor the roadway while operating in self-driving mode.”1 We urge you to investigate Mercedes-Benz’s advertising as potentially deceptive to consumers. The E-Class does not meet the definition of either a fully or partially self-driving car, yet it is marketed in a way that a reasonable consumer would believe it does.