Howard Berman: “It does not restrict to diversity cases. It is the exact terms, word for word, of the McHale amendment, only in section…”

“It does not restrict to diversity cases. It is the exact terms, word for word, of the McHale amendment, only in section 2 instead of as an addition to the what I view as very unfortunate loser pays concept that is in the base bill. I urge an aye vote on this amendment. Let me tell Members why I changed my position with regard to the logic of the Berman substitute amendment. The proposal of the gentleman from Virginia [Mr. Goodlatte] has to do with settlement language, settlement negotiations that may occur at the end of the pipeline, up to within 10 days of the time of trial. He makes a good faith effort in his language to encourage settlement at that point in order to preclude unnecessary jury determinations, the costs, the expense and the delay of the actual trial. My amendment logically moves to the opposite end of the pipeline, and frankly I would respectfully suggest it is the end of the pipeline where the American people are demanding reform.”