James Rogan: “Mr. Chairman, first, I certainly hope that my dear friend from Michigan does not mistake a serious policy difference in…”

“Mr. Chairman, first, I certainly hope that my dear friend from Michigan does not mistake a serious policy difference in any way with a lack of respect or affection for him. I take a back seat to no one in this Chamber in admiration, both for his service and the strength of his positions. We do have a fundamental policy difference with respect to liability limitations as advocated in this bill. The gentleman sees it one way; certainly I see it another. I do not view this bill, Mr. Chairman, as giving protection to people who have violated the law, and in fact we have tried to craft it very carefully to ensure that if there is some intentional wrongdoing, even by a business that would qualify as a small business, they would not come under any cap of punitive damages, and under any event there is no cap on the other damages. I do believe from a policy perspective, I would say to my friend, that the concept of joint and several liability as currently upon the books is inherently unfair. The idea that somebody could have a very minuscule involvement in a harm, say, 1 percent, but could be required to have to pay 100 percent of the damages, is not a fair concept. I think a tort system where liability was based on percentage of fault would be a much better way in which to go.”