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Article published Mar 23, 2005
Business interests should be happy with tort reforms and not push for
more
The business interests that pushed for tort reforms have
realized most of their goals. They should enjoy the results of their labors
rather than immediately pushing for more.The General Assembly has passed, and
the governor has signed, a fairly broad package of reforms that should address
most of the abuses of the civil justice system. The state should let these
reforms take effect before looking at additional measures.The law signed by the
governor this week eliminates venue shopping. Lawyers now have to file lawsuits
where the injury occurred or where the parties are located. They cannot simply
go wherever they think they can get the biggest verdict.The law also limits the
liability of defendants who had only a small or peripheral part in causing the
injury. They can no longer be forced to pay the entire award.These are
worthwhile reforms that should put new controls on abuse of the civil litigation
system. Lawmakers should let them take effect and measure their results.But some
business leaders are demanding more already. As soon as the governor signed the
bill, Michael Fields, state director of the S.C. chapter of the National
Federation of Independent Business, declared that "more changes are needed."He
called for limits on punitive damages. But such limits are probably unnecessary.
The U.S. Supreme Court has recently set new standards prohibiting runaway
punitive damage awards and linking such awards to a multiple of actual
damages.Hunter Howard, president of the state Chamber of Commerce, called for a
program of monitoring judges and evaluating their performance.Any citizen is
welcome to keep an eye on any public official or group of officials. But calling
for more monitoring of judges creates the impression that the state has problems
with its judiciary.No one has raised any reason to believe this is so. The
Palmetto State does not suffer from activist judges who overstep their
authority.Business advocates have done well by successfully pushing tort reform.
They should enjoy that victory and not push for new and probably unnecessary
measures.