We are told it is an ``unwarranted intrusion on State authority.'' Yet, the National Governors' Association enthusiastically supports this measure. We are told the bill would ``encourage wrongful conduct because it abolishes joint liability.'' But joint and several liability, it has been pointed out, applies still to economic damages. The letter accuses the bill of ``increas[ing] the incentive to engage in the egregious conduct of knowingly manufacturing and selling defective products.'' I do not find this charge makes much sense. Then it goes on to say that the ``additur'' provision the White House itself put in here, the provision being that the judge himself can increase the punitive damages--the White House had a hand in drafting that--now they say that is not adequate. So I do not think any of these three statements that the President has in his letter represents what this conference report really would do. I think that is very, very unfortunate. To my judgment, this bill is sound and reasonable. Under the bill, those who sell but do not make products--sell the products but not necessarily having made them--are liable only if they did not exercise reasonable care.
Lincoln Chafee: “We are told it is an ``unwarranted intrusion on State authority.'' Yet, the National Governors' Association…”
Editor's note · Context
Discussing the implications of a bill related to product liability and state authority.
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