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March 06, 2008

More industry-backed CPSC amendments on tap in Senate

Update 2:30pm: Senator Pryor is negotiating a managers' package that accepts versions of a number of amendments. It is unclear which more controversial amendments will still have yes/no votes, but there is a chance that the bill will pass sometime this afternoon, before tonight. So far, the managers' package amendments look good.
UpdateVitter amendment tabled (Pro-consumer YEA to table). As soon as the vote is posted, I will add a link.

The Senate is now considering (Cspan2) another pernicious amendment. Senator David Vitter (R-LA) is proposing to change over two centuries of American jurisprudence and instead require that if a state attorney general were to lose an action to enforce the CPSC Act, state taxpayers would have to pay the legal costs of the prevailing party. Senator Mark Pryor (D-AR), chief sponsor of the CPSC Reform Act, is arguing strongly against this amendment that would substitute the English legal system's "loser pays" rule. Senator Pryor is arguing, among other things, that a judge already has broad authority under Rule 11 to sanction "frivolous lawsuits" and that is an adequate deterrent. Here is our opposition letter, which argues that adding a "loser pays" rule not only hurts taxpayers, it has a chilling effect on product safety efforts:

A "loser-pays" rule will harm American consumers by making attorneys general far more hesitant to bring enforcement actions to protect the public from product hazards. In the worst cases, it will harm Americans doubly -- the second time as taxpayers -- by forcing the government to pay litigation expenses for private businesses. We urge you to vote against this amendment.

Posted by Ed Mierzwinski at March 6, 2008 10:53 AM


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