Weekly Legislative Update
January 16, 2009

Legislative session begins
Some good news, some bad news

On Monday, the 2009 Legislative Session convened and with less than one week into the 105-day session, there are already liability bills in the works that cause concern for LRC members. One measure, HB 1045, would significantly expand construction liability and therefore drive up the cost of housing—putting an even further burden on small contractors. We’ve seen bills like this for the past several years but it’s particularly surprising, given these tough economic times, that legislators would even consider exacerbating the already-dire housing market situation. Thankfully, it’s not all bad news. Sen. Ken Jacobsen has sponsored SB 5069, which would provide some liability protection for private landowners who make their lands available—with no fee—to the public for recreational use. Now that’s the kind of common-sense liability reform people like to see.

Who Can I Sue?
Check out WhoCanISue.com

As if the ads on night club match books and the late night cable ads aren’t enough, trial lawyers have found another marketing tool. A new Web site, www.whocanisue.com, was created to help people learn about potential legal claims they may have and then find them a lawyer in their area. The site is filled with sponsors such as Plaintiff Cash Advance offering "Funding [for a lawsuit] in as little as 48 hours. Owe nothing if you lose your case."

D.C. Trial Lawyers
in full swing

Not surprisingly, the trial lawyer lobbyists are working hard in Congress, which is going to likely be very friendly to their requests. In fact, they’ve already had success with two bills that passed the House which would initiate a new wave of pay discrimination lawsuits. It’s just this kind of liability that squashes job creation opportunities.