•To limit expansion of tort liability
•To reduce lawsuit defense costs
•To speed resolution of lawsuits
•To improve fairness & certainty of
civil justice system
The LRC membership is a broad
See our member list of over 70 Washington organizations
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News from the LRC
Major cut-offs provide some relief
Over the first month of session there were nearly two dozen bad liability in play. But thanks to the hard work of the LRC and its allies, over half are considered “dead” because they failed to advance before cut-off dates. One measure of concern, however, is HB 1248. This measure increases the jurisdictional level for mandatory arbitration by 100 percent to $100,000. This is an enormous jump, fraught with problems. There’s a big difference between a $15,000 fender-bender automobile accident and a $100,000 personal injury claim with numerous expert witnesses and complex legal analysis. The LRC urges Senate members to remove Section 2 of HB 1248 and we encourage our members to contact their legislators with the same request. HB 1248 is currently in the Senate Law and Justice Committee.
For a list of all liability bills, check out the LRC Bill Tracker.
LRC shines bright light on the Supreme Court
The LRC has released the seventh installment of its Judicial Scorecard, which is a two-year look back at the significant liability rulings of the Supreme Court and how the nine justices ruled. The results are interesting, if not alarming. Only one justice ruled consistent with the LRC’s position in at least 50 percent of the cases. Two justices received paltry one-digit scores. The rest are somewhere in the in middle. The rulings from this powerful branch of government warrant careful and consistent monitoring and the LRC will continue to do so.
The LRC's Record of Success
For the past 25 years the LRC has helped protect Washington’s citizens and businesses from more lawsuit abuse. No organization more aggressively fights the trial lawyers’ trade association than the LRC. The LRC has published a Record of Success which shows the long list of bills this organization has managed to defeat in Olympia, to the chagrin of the plaintiffs lawyers.
Wacky Warning Label Contest
The internationally recognized “Wacky Warning Label Contest,” now in its 16th year, has selected the 2014 winners. While amusing, it’s an embarrassing result of our overly litigious culture. The warning labels demonstrate the ridiculous efforts companies must put forth to avoid lawsuits.
Jury awards boozer truck driver over $119,000
A recent article in the Wall Street Journal and posted on overlawyerd.com blog is one you don’t want to miss:
In 2009, a driver with Old Dominion Freight Line, Inc., admitted to the company that he had an alcohol problem. The company told him that it would no longer allow him to drive heavy trucks for the firm. (It said it offered him a less safety-sensitive, but also significantly lower-paying, dock job.) The Equal Employment Opportunity Commission (EEOC) stepped in and sued on his behalf under the Americans with Disabilities Act (ADA). It conceded that Old Dominion could (and indeed had to) take the keys away from a heavy truck driver it found to be currently drinking on the job, but contended it had failed in its obligation to “make an individualized determination as to whether the driver could return to driving and provide a reasonable accommodation of leave to its drivers for them to obtain treatment.” Of course backsliding and remission are common following rehab treatment, which means as a group drivers with known past alcohol problems will have a higher risk profile than drivers without. That is why at an earlier stage of the case I asked, “Are we really required to take chances with 18-wheelers on the highway?”
Now we know the answer: Yes. A jury agreed with the EEOC and awarded the driver $119,000 in back pay.
The posting is from Walter Olson, a commentator, author and critic best known for his work on American law. A senior fellow at the Cato Institute, a think tank in Washington, D.C., he has written a series of widely acclaimed books on our legal system, beginning with The Litigation Explosion, The Excuse Factory, The Rule of Lawyers: How the New Litigation Elite Threatens America’s Rule of Law, and most recently Schools for Misrule: Legal Academia and an Overlawyered America On the web, he founded and continues to run Overlawyered.com, widely cited as the oldest blog on law as well as one of the most popular. The Washington Post has described him an "intellectual guru of tort reform".
The LRC was honored to have Mr. Olson as a keynote speaker several years ago at our Annual Meeting.