Howard Berman

The gentleman's point is so well taken. Remember, this was all patterned after an English rule, an English rule which, by the way, the bastion of British conservatism, the Economist Magazine, has said led to many unfair results, but that…

With respect to a claim or claims, that the judgment, verdict or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree, that is, in most cases…

Is it the gentleman's contention that ability to pay is one of the criteria that the court should look to in determining whether shifting costs would make it manifestly unjust?

Let us talk about it in the context of a plaintiff who has a legitimate case. It is not frivolous. He decides not to accept the offer. He could have his, by virtue of this fee shifting provision, he could have his wages garnished, his…

the gentleman`s amendment is focused on the frivolous, nonmeritorious case and trying to deal early on in the process to avoid massive expenses that come when a frivolous case is brought.

It is not simply the losing of the case. You can lose by winning under the Goodlatte scenario. That is why I prefer the McHale approach instead of the Goodlatte scenario, and let me explain why. A situation, a diversity case, four or five…

all this amendment does is take the amendment offered by the gentleman from Pennsylvania and replace section 2 with his amendment. In other words, makes his amendment into the base, the core of the bill. In other words, going from the…

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…

Actually what I think, to reclaim my time, what I think is this bill is a warning to plaintiffs throughout the United States: Do not bring your case under the diversity statute, because the risks of any award against you are so great for…

This amendment, as I understand it, is not restricted to diversity cases; and what is the logic of restricting it to diversity cases if a case is frivolous?

Let us create a hypothetical here. Let us understand what we are talking about. A suit is brought in Federal court under the diversity statute by a plaintiff who is making $20,000 a year, based on the negligence of an out-of-state…

What he is doing is creating an entire new rule out of whole cloth without ever going to the Rules Enabling Act, the procedure through which we devise new rules. He is saying that after complaint is filed, the defendant has 30 days to…

We not only have limited the diversity jurisdiction for plaintiffs by this provision, and wiped it out, but what we have done is said ``Defendants, you have the choice. You can stay in State court or you can take advantage of this…

to try to put the debate in perspective of the language in section 501, if 501 had been in place in 1990, $60 billion that we spent in incremental costs on Desert Storm, $60 billion that was authorized by the United Nations because we went…

Under the theory that inaccurate statements should be refuted as quickly as possible, I ask everyone to read the waiver section of section 501. There is an automatic deduction unless the President certifies as to chapter 7 only, not…

in 1939, the leader of the isolationist wing of the Republican Party, continuing a tradition of 20 years of Republican isolationism that started after the end of World War I, Senator Arthur Vandenburg said: We cannot be the world's…

Before we get too crazy about worshipping at the alter of local government, I just want to tell the story of Los Angeles, the most under policed major urban area anywhere in the United States by far, an area with twice the geography and…

So one would not be required to utilize a private bail bondsman under this proposal.

I am curious about the gentleman's amendment. If the court were to devise or a jurisdiction were to devise a system which allowed for a deposit, say, of 10 percent of the amount of bail with the court, refundable if the defendant showed up…

If the jurisdiction in certain kinds of situations offers a kind of confinement, home monitored confinement or some other alternative to assure themselves the individual's presence, is that a suitable alternative? It is different, it is…

The amendments as proposed is an absolute requirement of a financial guarantee. I think providing a little bit of flexibility in this provision so we do not rule out those nonfinancial situations as well as what the gentleman has already…

the issue is, for me, far less the question of whether or not the rule is open than the question of whether there is fundamental fairness in the operation. I think what happened to me with respect to my amendment yesterday in the Committee…

First of all, I think my colleague from California, who authorized the original program in last year's crime bill, the gentleman from California [Mr. Beilenson], through his amendment that program stays intact. It is very important for us…

You raise an interesting point on empty authorizations. This program has been authorized since the 1986 law. Until President Clinton proposed money last year and the Congress appropriated $130 million, we never funded $1. As you mentioned…

it is an authorization. The reason I am supporting this amendment is because it tracked the language that we had in the amendment that I was going to offer. It reserves the first $650 million that is appropriated, either out of the…