On the recordFebruary 10, 2005
I oppose this legislation called the Class Action Fairness Act of 2005, because I do not believe it is fair to litigants who have legitimate claims that are most appropriately addressed by our state courts. Yes, there are some problems in the use of class actions, and in some cases there are excessive fees or inappropriate coupon settlements. I am pleased that after many years of seeking to move class action "reform" legislation, the bill proponents finally agreed to include language that addresses some of the abuses concerning "coupon" settlements, in which plaintiffs who have proven their case in court receive in turn coupons for products or services that have little value. This language has long been advocated by the distinguished ranking member of the Senate Judiciary Committee, Senator Leahy, and it is a good provision because in contrast to most of the bill, it is narrowly crafted to address an actual problem that the legal system and litigants confront. But the vast majority of the provisions in this legislation are not narrowly crafted to address discrete problems. Instead, this legislation is an extremely blunt instrument that I believe will result in justice delayed and justice denied for many Americans.
Source
govinfo.gov




