The exclusion in section 102(c)(7) would apply to all causes of action and remedies for damage to the environment. As the Senator from Alaska has correctly noted, the bill would apply to actions under State law for injury to persons or…
T. Gorton
The Public Record
It is. I simply pointed out to the distinguished junior Senator from Alabama that the way the amendment was set up it did not have any reference to any section, but it was about punitive damages. His correction is to see to it that it…
This is, Mr. President, to be candid, a very peculiar rule in the State of Alabama where negligence is accounted to be the subject of punitive damages. It is not the rule in any other State in the Union. Nothing in this bill, without this…
the Senator from Iowa assumes the question of deterrence, misconstrues the actual impact of punitive damages, and totally misstates the provision that he purports to amend. There is no $250,000 punitive damage cap. In the case of serious…
Yes. The Friar case involved a forklift and the Colson case involved the use of a lawnmower. In both of those cases the courts held there was no duty to warn where the dangers are of common knowledge. This basic principle is part of case…
I address these remarks to the President, and through him to my distinguished colleague from Alabama, who is opposed to this bill, and I hope to all Senators or to their staffs, because I hope and trust that this will be the final…
I need to say to the Senator from Alabama, I believe I misspoke myself because there are two separate uses of the $250,000 figure.
The Shelby amendment is not included in it, I say to the Senator from Alabama. On consideration and on speaking to a wide number of other Members, we believe that the peculiar rules in Alabama with respect to wrongful death decisions, that…
I said just before this vote, for technical reasons, given the nature of the amendment, with our 3 o'clock deadline and the haste to file the Rockefeller-Gorton substitute, certain drafting errors were made which could not be cured without…
The amendment is not so much an insurance reporting act, though it does add inevitably to the huge amount of paperwork with which our society and economy is already burdened, as it is another skillful attempt for all practical purposes to…
I do not remember that testimony this year. I believe the Senator from Alabama is probably correct about some such testimony for years past. But to exactly the extent that that is true, the amendment which we are discussing is irrelevant…
Yes; one of the goals of this bill is to reduce transaction costs. It is to see to it that more of the money that goes into the legal system goes to actual victims, whether product liability as the bill is now more inclusive, medical…
Mr. President, I find myself in a somewhat paradoxical situation. With almost all of the remarks and policy positions presented by the Senator from Tennessee, I find myself in agreement. Yesterday, for example, I voted with him against a…
This Senator can make one very, very brief comment. He finds it curious that his friend from South Carolina, who is the leading member of his party and the former chairman of the Senate Commerce Committee, on which this Senator serves, and…
I must start my remarks by confessing that he really had me dead to rights on one of the comments that he made about the impact of his own amendment. I will have to confess error and then say that I believe that error strengthens my case…
we are discussing here several amendments dealing with the concept of punitive damages in the court systems of the United States, a healthy discussion, and it is one that I do not believe has been previously debated on the floor of the…
This is particularly true, Mr. President, when we reflect on the fact that it is that special interest which is the greatest beneficiary of the present system as, of all of the money that goes into medical malpractice, only 40 percent gets…
Mr. President, the opponents of this medical malpractice amendment have wildly attacked it. But, this amendment is very reasonable and moderate reform. In fact, if you compare it to some of the proposals from last year's health care…
I find that remarkable in light of an article which appeared a couple of weeks ago in the Wall Street Journal, and a followup report on campaign contributions to congressional candidates which shows that the largest single special interest…
The Dole amendment, which incorporates the limitations on punitive damages proposed by the Senator from Maine, would extend those limitations from the product liability sections of this bill and the now medical malpractice sections of this…
yes, the Senator from Washington is quite aware of that list of organizations. Of course, there are all kinds of organizations that are on both sides of this case. The point made by the Senator from Washington was that overwhelmingly of…
As the move to fix the broken tort system gains steam in the Senate, we're hearing a tired refrain: Legal reform will hurt women.…
The goal of product liability legislation is the recovery and development of those industries which make our lives better, which provide new and more effective treatment for medical conditions to which all of us are subject, more and…
the amendment proposed by the Senator from Texas is, I think, constructive and vitally important to people in many parts of the United States. With each passing month we learn more about the distortions in the lives of our people caused by…
I have come over here to the floor this afternoon believing that the subject was the President's almost certainly unlawful Executive order with respect to striking replacements. I have not understood the debate was going to be on the…





