Some are marveling at the speed of Dubya's Tort Reform agenda.... But they shouldn't be.
All that has happen is Congress has extended EXISTING FEDERAL JURISDICTION OVER DIVERSITY OF CITIZENSHIP CASES.......
DIVERSITY CASES ALWAYS WERE A FEDERAL OPTION
But Federal Courts were optional in diversity cases....until this law....now it will be mandatory....BUT ONLY IF THE "AMOUNT IN CONTROVERSY THRESHOLD" IS REACHED....
So, trial lawyers can still bring class actions in state courts as long as they don't have citizens from more than one state in their law suits...and/or they don't cross the amount in controversy threshold....as established by Congress.
Indeed, all the new law gaurantees is that MULTIPLE LAWSUITS WILL BE FILED FOR THE SAME CLAIM!
THIS COULD BE A BOON FOR THE TRAIL BAR.....AS LAWYERS IN ALL 50 STATES BAN TOGETHER TO FILE 50 LAWSUITS FOR THE SAME CLAIM.....
Hmmmm....And No Defense Attorney/Law Firm Left Behind....? And they bill by the hour!
As to the notion that diversity cases can be thrown out, BY THE FEDERAL COURTS, where there is a conflict of state laws.....? Well, fine....it's back to the state courts again!
THOSE WHO THINK REPUBLICANS HAVE "DISCOVERED" A: "RIGHT WITHOUT A REMEDY" ARE DELUDING THEMSELVES....
AND UNDER ESTIMATING THE CREATIVITY OF THE TRAIL BAR.....
All Kongress did was lower the speed limit....a bit.
But nothing has fundamentally changed.... It's all proceedural with VERY little in the way substantive changes.
