Byron Dorgan: “the amendment I have offered deals with the cap on punitive damages in the bill, S. 565, that was reported out by the…”

“the amendment I have offered deals with the cap on punitive damages in the bill, S. 565, that was reported out by the Senate Commerce Committee. I voted for this legislation because I think, on balance, there is reason for us to legislate in this area. I think there is a problem with product liability legislation. And I think the approach that is taken is generally a reasonable approach. Therefore, I cast a ``yes'' vote. I did say in the committee, however, I was concerned about the punitive damage section and intended to offer an amendment on the floor of the Senate to respond to my concerns. That is what brings me to the floor today. It occurs to me as I listen to the debate on product liability, as well as the debate on tort reform in general, that this is another one of those cases where there is truth on both sides of this issue. I listened to the Senator from South Carolina, who has spoken not just this year but in previous years on this subject and speaks with great passion and eloquence on this issue. He feels very strongly that it is a mistake for Congress to move forward and to enact Federal legislation in this area. I understand what he says and why he says it. On the other hand, I hear others in the Chamber stand up and speak with great persuasiveness about the need for Federal product liability legislation to restrain the number of suits that are filed. My sense is we are a country that litigates too much.…”