On the recordFebruary 10, 2005
I appreciate Chairman Specter taking the time to join me in discussing a concern I have regarding S. 5, the class action bill. I am still prepared to seek a vote on my amendment, but based on my conversations with a number of senators this week, including Chairman Specter, and in a desire to see this bill pass as soon as possible, I have decided not to offer my amendment. I agreed to support this bill some time ago because I believe we are long overdue for reform in the class action area. Over the last few years, I have worked to support this bill in both the Judiciary Committee and on the senate floor. While I have fully supported this reform, I have also noticed some areas where the bill could be improved. I had hoped to offer an amendment on the floor regarding protective orders during discovery. I am confident that the amendment that I had hoped to introduce with Senator Prior of Arkansas would have made a significant improvement in the area of class action discovery. Our amendment is very simple. It is based on the local rule in South Carolina Federal Courts for obtaining protective orders for documents. All it says is, if you want a protective order, you must make a motion at the beginning of trial, explain why it is necessary for the court to seal your documents, and provide public notice of the motion and a description of the documents. that's it. At least 20 states have taken action to limit secrecy agreements.
Source
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