Weekly Legislative Update
January 30, 2009

Hearings next week
on liability expansion bills

In their march forward to expand liability for the already fragile—and some would argue crumbling—housing industry, legislators have scheduled hearings on HB 1045 and HB 1393. Both measures drive up the costs and liability for all those in the single-family home design/build industry. The measures are up for public discussion in the House Judiciary Committee on Wednesday, Feb. 4 at 8:00 a.m.

As anticipated by the LRC, trial lawyers have made yet another push to expand the state’s consumer protection act (CPA). Under current law, damages under the CPA are capped at a reasonable $10,000. Trial lawyers have proposed a whopping 750% increase in the limit (for a $75,000 cap) found in SB 5531. This measure will be heard in the Senate Labor and Commerce and Consumer Protection Committee on Thursday, Feb. 5 at 3:30 p.m. And to add insult to injury, there are an additional 28 bills before the legislature that would create yet another private right of action under the CPA. So, there’s the possibility for more ways to sue under the consumer protection act and a 750% increase in possible damages awarded. Good for trial lawyers, bad for everyone else.

For more information on all liability bills, check out the LRC’s bill tracker.

Defending tort reform
American Tort Reform Association (ATRA)
launches new Web site

A preview of the new site:

Personal injury lawyers are flexing their muscles in new and unprecedented ways. For decades, they argued, often with success, that tort law was the exclusive province of courts and that state legislatures had no business even attempting to change tort law.

Now, personal injury lawyers are advancing their own legislative agenda to change tort law in their favor, and doing so in an orchestrated and coordinated fashion through their national organization. But don’t take our word for it. Here’s what they said in the October issue of their “Trial” magazine:

“AAJ [formerly the American Trial Lawyers Association] State Affairs is poised this fall to roll out a new initiative aimed at assisting states in filing, advocating for, and enacting pro-consumer legislation. The effort is modeled on recent legislative successes at the federal level….State trial lawyer associations aim to capitalize on this momentum and introduce and secure passage of proactive legislation in their state houses…..AAJ State Affairs is preparing materials to help states pass such measures, its staff is available to assist in all phases of the legislative process.”

ATRA is prepared to meet trial lawyers head on in the states, and we want to provide civil justice reform advocates, like you, ammunition in the fight --- talking points, press releases, bill analysis, and other background information on the issues you’re most likely to face.

For more information check out www.defendtortreform.com

Check out the LRC Bill Tracker for a concise, up-to-date listing of action on 2008 liability legislation being considered in the Washington Legislature.