On February 17, 2005 I voted for the bipartisan Class Action Fairness Act of 2005. Class action reform has been a contentious issue since I came to Congress in 1997. This is a result of a growing number of class action cases that have been clogging the legal system. Many of these cases have resulted in small awards for consumers and needless legal bills for some small businesses. Different versions of this bill have been introduced every year and I have not lent my support to any of them until this year. I am in favor of a common-sense approach with a more uniform system for dealing with class action lawsuits that treat consumers more fairly in the courts while relieving the burden of unnecessary legal bills for small businesses.

Through extensive negotiations between Democrats and Republicans, a version that addressed my previous concerns with this issue passed the Senate. The House took up that exact version and I voted for its passage.

Previously, proposed class action reform bills included provisions to impose caps, or limits on damages and awards earned by plaintiffs. I fundamentally disagree with capping awards as a form of tort reform. Imposing caps penalizes those with legitimate cases while still allowing frivolous claims the ability to collect. I have stated in the past that I would not support any tort reform legislation where caps are included. On July 28, 2005, I voted against H.R. 5, a bill to limit liability on medical-malpractice cases. This bill included a limit of $250,000 on non-economic damages.

I believe strong, sound policy can be developed when a bipartisan, common-sense approach is taken, such as in the Class Action Fairness Act.