RALPH HOAR
IN MEMORIAM

Raging Hoar Moans
Now We Know Who Dubya
Was Winking At, And Why

In case there was any doubt, we can now be certain who's been getting all those annoying winks from Dubya. The sudden repeal of OSHA's Ergonomic Regulations without pretense of bipartisanship or debate; Dubya's unapologetic abandonment of his campaign promise to reduce levels of carbon dioxide; and the congressional rush to reconsider curbs on bankruptcy leave no doubt that all those sly winks are directed at every big business interest that ever had a PAC. And it is clear what those winks meant: "We won't talk about it. We'll just make everybody look forward to gentlemanly discourse, harmony, and tranquility. Then we can screw 'em before they know what's happened." 

Now for the bad news. This is only the Prelude. 

Our good friend Joanne Doroshow, who founded and runs the Center for Justice & Democracy, tipped us off to an article she found in a publication called Metropolitan Corporate Counsel. At the risk of violating some copyright or another, we've reproduced the entire article on Safetyforum.com. We just thought you'd like to know. 
 

March, 2001 

Civil Justice Reform Perspectives; Industry, Defense Bar Meet To Increase Coordination on Civil Justice Actions

BY BARRY BAUMAN; Barry Bauman is Executive Director of Lawyers for Civil Justice. If you are interested in more information about how you or your company can assist LCJ, call them.... 

On February 8, the International Association of Defense Counsel and the Lawyers for Civil Justice hosted a meeting for industry and defense bar leaders to address a wide range of legal reform issues. The overall purpose of the meeting was to improve the coordination among several groups already addressing these issues. Included among the thirty participants were representatives from the U.S. Chamber of Commerce, Federalist Society, Defense Research Institute, American Tort Reform Association and the Federation of Insurance and Corporate Counsel. In recent years the organized defense bar has more actively engaged its members on legal reform issues but coordination among the various groups has remained problematic. 

Each defense bar organization outlined steps that they were taking to make defense practitioners more aware of ongoing legislative and rulemaking reform initiatives. Of particular concern at this time are efforts to promote class action reform at the federal level and encourage the adoption of meaningful standards to reduce the burdens and costs associated with electronic discovery. Representatives from the Federalist Society encouraged more involvement by the defense bar in the selection and election of judges throughout the country. 

At the top of everyone's "stop list" was legislation (AB 11 and SB 36) recently introduced in California which would have the effect of restricting judges from issuing protective orders and sealing settlement agreements. Corporate and defense counsel were encouraged to bolster the efforts of the Civil Justice Association of California (CJAC) to defeat these measures. Barbara Wheeler of CJAC re-emphasized the dangers of legislation which creates a presumption of openness with respect to documents produced in litigation. All participants are encouraged to contact their California state representatives to oppose these measures which are considered a threat to the proprietary interests of the corporate community. Further information can be obtained from CJAC.... 

With respect to the ongoing effort to reform class actions, the U.S. Chamber representative informed participants that it was seeking to develop a consensus for the introduction of a legislative package of reforms which would be attractive to both Republicans and Democrats in Congress.

OPTSF1961

3/14/01