TO: Board of Directors and Trustees of the Lawyers’ Committee for Civil Rights Under Law; Local Affiliates and Friends of the Lawyers’ Committee

FROM: Barbara R. Arnwine, Thomas J. Henderson and Diane L. Gross

CALL SENATE JUDICIARY COMMITTEE TO OPPOSE CLASS ACTION FAIRNESS ACT

The Class Action Fairness Act of 2003 (“Class Action Act”) will be voted on by the Senate Judiciary Committee this week. The Class Action Act is extremely problematic for the civil rights community because of its impact on federal civil rights class actions and the restrictions that it places on class action plaintiffs and settlements. It would also substantially alter the jurisdiction of federal and all state courts. If passed, this bill would: remove most state court, state-law class actions into federal court; clog the federal courts with state law cases and make it more difficult to have federal civil rights cases heard; deter people from bringing class actions; and impose costly and unjustified burdens on settlement of class actions.

The Lawyers’ Committee joins with many civil rights groups in opposing the Class Action Act because of its impact on the enforcement of our nation’s civil rights laws. The enforcement of civil rights laws is vital to ensure that victims of discrimination can obtain relief from unlawful practices. It is critical that this Act be stopped, otherwise new barriers will prevent victims of discrimination from achieving equal justice.

WHAT IS NEEDED?:
Contact Senate Judiciary members at (202)225-3121 -
tell them to oppose the Class Action Fairness Act, S. 274.

We urgently request that all of those concerned with preventing this damaging legislation from passing call members of the Senate Judiciary Committee. Tell them that they should oppose the Class Action Fairness Act because:

1. This bill will amend federal law to allow corporate defendants and others to remove to federal court almost all state class actions. Our federal courts will be overloaded and the resolution of cases will be delayed, including a majority of civil rights claims as well as environmental, labor and other federal claims.
2. This bill will discourage individuals from bringing class actions by prohibiting named plaintiffs
   from receiving full relief for their claims. The bill prohibits courts from approving settlements that allow a greater share of relief to a class representative than all members of the class, making named plaintiffs sacrifice full relief as the price of trying to protect others.
3. Proponents of the legislation want to marginalize the role of some local juries and judges in deciding whether or not to hold businesses responsible – most of the areas proponents have identified as plaintiff-friendly "judicial hellholes" are counties where most of the citizens are black and Hispanic. Proponents express concern that juries composed of these citizens tend to decide cass based on “rhetoric and emotional appeals" rather than “focus[ing] on individual responsibility.”

TARGET SENATORS
Specter (R-PA)
Dewine(R-OH)
Feinstein(D-CA)
Kohl(D-WI)
Hatch(R-UT)
Schumer(D-NY)

FOR MORE INFORMATION CONTACT DIANE GROSS AT (202)662-8600 or dgross@lawyerscomm.org.

Action Alert Archives

TO: Board of Directors and Trustees of the Lawyers’ Committee for Civil Rights Under Law; Local Affiliates and Friends of the Lawyers’ Committee

FROM: Barbara R. Arnwine, Thomas J. Henderson and Diane L. Gross

CALL SENATE JUDICIARY COMMITTEE TO OPPOSE CLASS ACTION FAIRNESS ACT

The Class Action Fairness Act of 2003 (“Class Action Act”) will be voted on by the Senate Judiciary Committee this week. The Class Action Act is extremely problematic for the civil rights community because of its impact on federal civil rights class actions and the restrictions that it places on class action plaintiffs and settlements. It would also substantially alter the jurisdiction of federal and all state courts. If passed, this bill would: remove most state court, state-law class actions into federal court; clog the federal courts with state law cases and make it more difficult to have federal civil rights cases heard; deter people from bringing class actions; and impose costly and unjustified burdens on settlement of class actions.

The Lawyers’ Committee joins with many civil rights groups in opposing the Class Action Act because of its impact on the enforcement of our nation’s civil rights laws. The enforcement of civil rights laws is vital to ensure that victims of discrimination can obtain relief from unlawful practices. It is critical that this Act be stopped, otherwise new barriers will prevent victims of discrimination from achieving equal justice.

WHAT IS NEEDED?:
Contact Senate Judiciary members at (202)225-3121 -
tell them to oppose the Class Action Fairness Act, S. 274.

We urgently request that all of those concerned with preventing this damaging legislation from passing call members of the Senate Judiciary Committee. Tell them that they should oppose the Class Action Fairness Act because:

1. This bill will amend federal law to allow corporate defendants and others to remove to federal court almost all state class actions. Our federal courts will be overloaded and the resolution of cases will be delayed, including a majority of civil rights claims as well as environmental, labor and other federal claims.
2. This bill will discourage individuals from bringing class actions by prohibiting named plaintiffs
   from receiving full relief for their claims. The bill prohibits courts from approving settlements that allow a greater share of relief to a class representative than all members of the class, making named plaintiffs sacrifice full relief as the price of trying to protect others.
3. Proponents of the legislation want to marginalize the role of some local juries and judges in deciding whether or not to hold businesses responsible – most of the areas proponents have identified as plaintiff-friendly "judicial hellholes" are counties where most of the citizens are black and Hispanic. Proponents express concern that juries composed of these citizens tend to decide cass based on “rhetoric and emotional appeals" rather than “focus[ing] on individual responsibility.”

TARGET SENATORS
Specter (R-PA)
Dewine(R-OH)
Feinstein(D-CA)
Kohl(D-WI)
Hatch(R-UT)
Schumer(D-NY)

FOR MORE INFORMATION CONTACT DIANE GROSS AT (202)662-8600 or dgross@lawyerscomm.org.

Action Alert Archives