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Class action bill stalls in U.S. Senate

Legislation to rewrite the rules on class-action lawsuits became mired in procedural wrangling in the U.S. Senate on Wednesday over whether to allow unrelated amendments on issues like immigration and drug re-importation.
/ Source: Reuters

Legislation to rewrite the rules on class-action lawsuits became mired in procedural wrangling in the U.S. Senate on Wednesday over whether to allow unrelated amendments on issues like immigration and drug re-importation.

Frustrated in his inability to get Democrats to stick to amendments related to the bill, Senate Republican leader Bill Frist made a procedural maneuver which effectively blocked other senators from making additions while debate continued.

"We are not prepared to have this bill become a magnet for every unrelated issue that is brought to the floor," the Tennessee Republican declared. The bill would allow most class action suits to be shifted from state to federal courts.

But Frist's move provoked an outcry from Democrats, who had amendments waiting in the wings such as proposals to raise the minimum wage and to allow re-importation of less expensive drugs from Canada.

Frist had agreed to allow a vote on the minimum wage proposal, but that was all.

"This is a sham," fumed Senate Democrats leader Tom Daschle, who had proposed allowing votes on five unrelated amendments. Daschle, a South Dakota Democrat, opposes the class action bill, but Democrats who support it were also upset at Frist's maneuver.

"One sure way to kill this bill is to close off debate," said Sen. Tom Carper, a Delaware Democrat and one of the co-sponsors of the class action bill.

WARNING ON AMENDMENTS

Idaho Republican Sen. Larry Craig, who backed the class action bill but wanted to offer an amendment to make undocumented farm workers legal residents, said he "does not appreciate" Frist's action.

Other supporters defended Frist, saying that some Democratic amendments would never pass the House of Representatives, which has a stronger Republican majority than the narrowly-divided Senate and has already passed a similar version of the class action bill.

"We know that if some of these amendments are added to this bill, it will kill the bill," said Sen. Orrin Hatch, a Utah Republican.

Hatch charged that some Democrats want to sink the bill because it cracks down on abuses of the courts by trial lawyers, who as a group are big contributors to Democratic campaigns.

"There are a number of Democrats who don't want this bill under any circumstances, because the number one hard money funder of Democrats happens to be the personal injury lawyers in this country," Hatch said.

The class action overhaul is strongly backed by business interests, who say it would stop plaintiffs' lawyers "forum-shopping" for sympathetic state courts.

But critics say the proposal will limit the ability of ordinary citizens to go after corporate wrongdoing, consumer fraud and civil rights violations in state courts.

Sponsors denied the bill was targeted at North Carolina Sen. John Edwards, the Democratic vice presidential candidate and a former personal injury trial lawyer.

Edwards has not abused the class action system, said Democrat Sen. Herbert Kohl of Wisconsin. "He is not in any way the target of this bill."