GUEST COLUMN: A SERIOUS MISNOMER: THE CLASS ACTION FAIRNESS ACT

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Just as the U.S. Senate renews debate this week over a historic - and misguided - shift of most consumer lawsuits from state to overburdened federal courts, the impressive chorus of those opposed to the changes grows.

Will the Republican congressional leaders relentlessly pushing this U.S. Chamber of Commerce-backed assault on Americans' legal rights listen?

Among the few Democrats backing the measure, it's even more important to put an ear to the ground.

For some months, a coalition of 13 attorneys general, including New York's Eliot Spitzer, has been hammering away against the move as unfair. Also fighting the measure are state and federal judges, and a host of consumer groups, including the AARP.

Joining them last week were the very people who make laws in the state capitals. The National Conference of State Legislatures said the proposed civil justice reform "undermines our system of federalism, disrespects our state court system, and … sends a disturbing message to the American people" that state courts cannot be trusted.

Now the Senate has to decide which constituency it will honor. The change to litigation rules - one key aspect of President Bush's campaign against what he unfairly denigrates as "junk lawsuits" - is an article of faith among big-money Republican business and political backers.

No surprise that plaintiffs' attorneys oppose such measures, inasmuch as business leaders who are for the rules changes say they're out to thwart "the trial lawyer welfare system that saps our economic vitality."

But it's significant, as Sen. Joseph R. Biden Jr., D-Del., notes, that many groups without a financial interest - notably the judiciary - oppose the legal changes, as well.

How could a proposal called the Class Action Fairness Act be controversial? Its advocates claim it will keep the courthouse doors open to citizens with legitimate claims, while reining in excessive litigation costs. Also targeted by the measure: venue shopping, and notorious "coupon settlements" under which consumers get pennies while attorneys rake in millions in fees.

But forcing citizens with legitimate claims into crowded federal courts inevitably will delay cases and deny justice. The math tells the story: many state courts, far fewer federal. Also, federal and state courts already are addressing many problems associated with class-action litigation.

Here's the worst of it: A cynical, little-known provision would force federal judges to dismiss many major class-action lawsuits brought over from state courts. This catch-22 - which Sen. Arlen Specter, R-Pa., courageously plans to oppose by supporting a Democratic amendment - shows how poorly the Fairness Act would live up to its name.

- The Philadelphia Inquirer

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