Mike Thompson: “I let the amendment be read because it is probably the shortest amendment that will be considered tonight. It is very…”

“I let the amendment be read because it is probably the shortest amendment that will be considered tonight. It is very simple and straightforward. Basically, what it says is that in these lawsuits that we are dealing with, we apply the law of the State of residence and citizenship of the plaintiff in this case. Let's go back just a bit and understand the lawsuit scheme that we have created by this litigation. We have created a Federal cause of action in Federal court for matters that are essentially contract; and we have created a State cause of action in State court for matters that have to do with medically reviewable situations. What that has left us with is the ability of a claimant to bring a State court claim in any State where the defendant is doing business. If you have a medical insurer and they are doing business in several States, even though you live in Tennessee, you could bring your lawsuit in any number of States where that insurer is doing business. That is simply known as forum shopping. The reason people do that is different States have different laws in terms of limitations on recovery. They have different rules of evidence. Some allow punitive damages--most do. Some cap those punitive damages. Some don't allow punitive damages at all.…”