Watch the other rings, too
While the circus is believed to have had its origin in ancient Rome, the three-ring circus is an American creation, dating back to the 1800s. The traveling Ringling Brothers and Barnum and Bailey Circus made the term "three ring circus" well known and millions of Americans of all ages enjoyed the spectacle.
Usually, the center ring was the primary act and lesser performances would take place in the two outer rings. Most of the attention - sometimes all - would be on the star performers in the center ring.
That seems to be happening in Illinois today, in Springfield.
While the center ring has featured the governor and his proposed gross receipts tax, opposed by virtually everyone with any sense of fiscal responsibility (including his lieutenant governor, comptroller and treasurer) other acts are attracting less attention.
In the second ring we see the debate over electricity rates, interspersed with an occasional news item about indictments in Chicago or the qualifications of U.S. Attorney Patrick Fitzgerald.
It must all be good theater because that’s all that seems to be attracting any attention.
But way over there, in the third ring, is a show that nobody seems to be paying attention to. It’s the performance being produced by the Illinois Trial Lawyers Association and their willing props, members of the Illinois General Assembly.
Almost completely ignored has been the assault by personal injury lawyers in Illinois on the business community, on the medical community, on local governments and, ultimately, on the taxpaying citizens of Illinois.
Three troubling trial lawyer proposals are currently moving toward passage, with the agreement (and complicity) of more than half the members of the Illinois General Assembly:
The first proposal - SB 1296, which passed the Senate last week - would invalidate the time-tested and logical procedure that says the person or entity most responsible for causing injury or damage should be most responsible for providing compensation or relief. Instead, the trial lawyer proposal would change it to put the burden on the person or entity with the most money, regardless of percentage of fault. Even if you were 1% at fault, you could be liable for 100% of the compensation awarded. If you happen to be a municipality ... or a corporation ... or a hospital ... or an individual with any resources ... and you're named in a suit, whether frivolous or not, chances are you're going to be stuck with the tab.
The second proposal would allow trial lawyers to collect even more for medical costs than has actually been paid and would prohibits admission of evidence that payments by insurers have been made in compliance with agreements or contracts between hospitals, doctors and insurers. This bill, SB 747, was blocked in the Senate Judiciary Committee but the language of the bill has now been amended to SB 1027, which had already been advanced from the Senate Executive Committee to the floor of the Senate. The bill awaits final passage in the Senate, which is likely this week. This is an indication of the greed and tactics of the personal injury trial lawyers and their allies.
A third proposal would provide yet another source of revenue for personal injury trial lawyers. HB 1798, sponsored by Rep. John Fritchey, D-Chicago, would allow compensation to be paid to beneficiaries of decedents in wrongful death cases for "grief and sorrow." Not just for actual loss, which can be calculated, but for "grief and sorrow," which cannot be calculated.
Of course, regardless of whether it can be calculated or cannot be calculated, the personal injury trial lawyers will get their cut of the "grief and sorrow."
While this assault on fairness has been largely ignored in the public square, so also has been the effort by civil justice reform advocates to restore -- or create -- some balance in the system. Unfortunately, the trial lawyer allies in the legislature have been successful in shooting down many of these reform proposals.
For instance, a bill (SB 1549 and HB 1896) to set standards for testimony by "experts" in court rooms in the aftermath of wide-spread exposure of "junk science" was shot down in both the Senate and House Judiciary Committees.
Another bill (HB 1892) to establish some sensible guidelines for litigation venue (i.e. where a suit can or should be filed) was given a hearing in the House Judiciary Committee but no action was taken and none is likely.
Ironically, even the judges in Madison County, which has long been considered the poster boy for improper venue, have agreed that some changes need to be made.
Illinois legislators, however, do not agree.
Other bills would have tightened standards on evidence in asbestos lawsuits (HB 1897), clarified rules for class action lawsuits (HB 1893) and restore product liability laws that had been in effect in 1995-1997 (HB 1898).
But alas, the trial lawyer-controlled General Assembly will have nothing to do with any of the overdue reforms and the news media, alas again, is reveling in the action in the center ring.
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Technorati Tags: trial lawyer, tort reform, Illinois Civil Justice League
