On the recordJuly 28, 2005
The Senator's point is extremely well taken. I think there should be at least that exception. I would argue, frankly, that the bill could be further modified to essentially allow individuals who have been harmed--move away from the issue of municipal suits but that is exactly the political implication--to let those suits survive. In fact, as Senator Levin urged, increase the standard from negligence to gross negligence, so further undercutting the argument about frivolous junk lawsuits. That would be a broader remedy, but your proposal is very wise. Let me give you an example of that store in Elmwood Park, IL, which I presume is close to Chicago.
Source
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