Agencies' Rules Quietly Enable Tort Reform

[NVMojo]

Tuesday, September 27, 2005; Page D01

Trial lawyers, who have had success in suing product manufacturers for all kinds of safety defects, have a new obstacle to overcome: Embedded in proposed federal regulations are provisions that would preempt lawsuits the Bush administration says conflict with federal standards.

It is no secret that the Bush administration wants broad reform of the legal system. It's less obvious how the administration has begun using the regulatory system at the National Highway Traffic Safety Administration , the Food and Drug Administration , banking agencies and potentially other agencies to achieve its objectives.

"The Bush administration realizes it's impossible to get the broad-based tort reform the business community would love. There has been a conscious effort to take small steps," said Glenn G. Lammi, chief counsel of the Washington Legal Foundation , a pro-business public-interest group.

On Aug. 19, NHTSA issued a long-awaited proposal to improve the strength of vehicle roofs, which have been known to cave in during rollovers, causing serious injuries and fatalities. Auto-safety groups denounced the proposal as weak and predicted it would do little to save lives. The proposal is an update of a 1971 standard.

More troubling to safety groups was a provision that would, in effect, make it more difficult for consumers to sue auto companies for defective roofs -- currently an area of great legal contention.

more...

http://www.washingtonpost.com/wp-dyn/content/article/2005/09/26/AR2005092602022_pf.html

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.