Tort Reform On the Fast Track

Staff -- Consulting-Specifying Engineer, 3/1/2005

With its overwhelming passage by a 72-26 vote without amendment in the Senate on Feb. 10, the Class Action Fairness Act is expected to be passed by the House and signed into law by President Bush.

If enacted, the legislation will be a victory for tort reform advocates, among them, the American Council of Engineering Companies. A major reason that ACEC has backed the legislation was in response to a survey of its members, a large percentage of whom expressed concerns about the threat of litigation.

The bill would institute judicial procedural changes that could have far-reaching consequences for civil actions. It transfers from state to federal court cases involving more than $5 million claims, where the plaintiff is from another state from the defendant. Federal courts have historically tended to be less friendly to class action suits than state courts.