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House Republicans Pass Landmark Lawsuit Abuse Reform, called the “Fair Share Act”

Tuesday, April 12, 2011

Valerie Caras

 

HARRISBURG – Republican Party of Pennsylvania Chairman Rob Gleason released the following statement regarding the Pennsylvania State House’s passage of HB1, called the “Fair Share Act”, a significant lawsuit abuse reform that will improve Pennsylvania’s economic climate:

 

“House Republicans campaigned on government reform and have already been delivering by passing the ‘Fair Share Act,’ a commonsense reform that will put an end to frivolous lawsuits. The Fair Share Act means that if a defendant is found 15 percent liable for a fault, that person only is accountable for 15 percent of the total award. The current system wastes taxpayer dollars, hampers job creation and economic growth by enabling frivolous lawsuits to prey on businesses, hospitals, state and local governments by forcing them to pay crippling awards regardless if they are at fault or not,” Chairman Rob Gleason said.

 

“Pennsylvania is one of nine states to not have already modified the system of joint liability, and it’s unfathomable why House Democrats chose to obstruct the Fair Share Act in the past. In 2006, Governor Ed Rendell kowtowed to special interests instead of answering Pennsylvanians call for reform by vetoing the Fair Share Act. Thankfully, Governor Tom Corbett is a proven reformer who understands that the status quo in Harrisburg must change to get our economy moving again.”

 

 In a statement by Republican Majority Leader Mike Turzai’s (R-Allegheny) office, “The Fair Share Act eliminates joint liability for defendants in civil cases found to be less than 60 percent liable and implements a system of comparative responsibility in which a defendant is responsible for paying only his fair share of the damages. That means if a party is responsible for 10 percent of the fault, that party would be accountable for paying only 10 percent of the total award. Under current law, the doctrine of joint and several liability establishes that a defendant in a multi-defendant civil case may be required to pay damages associated with the actions of its co-defendants.

 

“Each year, according to the acting attorney general, the Commonwealth is sued several hundred times; currently, more than 1,300 tort cases are pending against the state. The majority of these cases involve the Pennsylvania Department of Transportation (PennDOT) where an uninsured, or under-insured, driver caused death or bodily injury. The plaintiffs are just looking for someone to pay, regardless of fault.” (Majority Leader Mike Turzai, “House Passes Milestone Lawsuit Abuse Reform Measure.” Pennsylvania House of Representatives, 4/11/11)

GOP Wins Largest Majority in Decades

BY JAN MURPHY AND CHARLES THOMPSON

The Patriot News

Wednesday, November 03, 2010
 
The Republican wave washed over the state Capitol on Tuesday, likely giving the GOP the biggest majority it has had in the state House since the 1950s.
Unofficial tallies showed the Republicans with at least 110 seats to the Democrats' 90, with three races too close to call. But all three of those seats were held by Democrats.
Among those caught in the political undertow were House Majority Leader Todd Eachus, D-Luzerne, and former House Speaker John Perzel, R-Philadelphia, along with at least nine other incumbents, all Democrats.
With Republicans in firm control of the House, Republican leader Sam Smith, Jefferson, is likely to ascend to speaker, with House Republican whip Mike Turzai, Allegheny, as the majority leader, several caucus members said.
With that leadership team, Rep. Dave Reed, R-Indiana, who chaired the House Republicans' campaign operation, said voters will see a significant change in direction.
"Our priorities would be bringing an end to the tax-and-spend mentality that the [Gov. Ed] Rendell years have had, pension reform, welfare reform and also reform of the Legislature," he said. "The voters wanted to take this state in a different direction, and now we're poised to do so."
In the Senate, Republicans maintained their 30-20 seat margin, ensuring Gov.-elect Tom Corbett a General Assembly in Republican hands.
Rendell, a Democrat, said he would be eager to see what Republicans do, considering the difficult problems that lie ahead for state government. They include the disappearance of federal stimulus dollars and a long-anticipated spike in pension costs. He noted Corbett talked a lot about cutting spending on the campaign trail.
"It'll be interesting to see how much they can live up to their promises," Rendell said in an interview on PCN. "The onus will be on them because they'll control the entire government."
Rep. Sheryl Delozier, R-Lower Allen Twp., said she is looking forward to the challenge in her sophomore term.
"It certainly was no fun being in the minority my first term, so I'm certainly looking forward to having the capabilities of a little bit more control over the agenda, a little bit more control over bills we do vote and how much we spend," Delozier said. "I think we can put forward some good ideas and look for ways to generate funds without going to the taxpayer."

 

Running from records, Democrats get personal

Desperate and baseless attacks are backfiring on Dems across the state

Vice President Joe Biden visited Delaware County this week, stumping for Democratic congressional candidate Bryan Lentz. In his remarks, Biden blamed the Bush Administration for the nations’ economic woes, further chastising the GOP for not “getting it.”

As far as not getting it, it remained unclear as to which Bush Administration Biden was referring. But why stop at Bush I? Why not blame Nixon and Cal Coolidge, too?

The Veep, in an attempt to rally his troops, emphatically stated that those reports (READ: every single poll) predicting the death of the Democratic Party are “greatly exaggerated,” and that his Party would “continue” digging America out of its hole.

“Continue”... ? Wait … when did they start?

There were two unmistakable messages that emerged from Biden’s speech:

1) He can reference Mark Twain, and

2) His Party is completely bereft of ideas, without the slightest clue as to how to right the ship.

Neither one is very helpful come Election Day.

Point Two is not a new revelation, however, as most Democratic incumbents have known this for quite some time. Since they know it’s childish and ineffective to blame prior administrations for today’s recession, especially in light of mammoth spending and crushing new taxes instituted under total Democratic control, these seasoned pols inherently understand that they can’t run on their records.

Hence, dirty campaigns have hit an all-time high. Just when you think the wool can be pulled over Americans’ eyes, and that they are easily manipulated, they surprise you. Next Tuesday will be one of those times.

The Democrats aren’t going to lose control of congress, the state house and the Pennsylvania governorship just on the issues alone (although that will play a huge role), but because of something much more basic: lack of credibility and good judgment. Kind of how the Republicans operated in 2006 and 2008.

More than ever, folks are looking for honest change and aggressive leadership on the issue that matters most — getting the economic engine started again. Instead of discussing solutions, however, many Democrats have resorted to the low-blow tactics so despised by voters.

Consider these Democratic campaign doozies playing out all around us:

•Bryan Lentz is giving Pat Meehan a run for his money in the 7th district, but rather than compete on the merits of their man’s vision, Lentz’ supporters actively recruited a conservative tea-party activist to run as a third party candidate. Stacking a primary field where most candidates agree on the issues is one thing, but doing so in a general election is tantamount to admitting your campaign platform is bankrupt of ideas. Sure, all’s fair in war and politics, but this disingenuous move will likely send Lentz to defeat.

•In Pennsylvania’s 151st state legislative district in Montgomery County, GOP challenger Todd Stephens, a former Assistant District Attorney, is running neck-and-neck with incumbent Rick Taylor. (Stephens lost to Taylor by only 400 votes in 2008). In a disgraceful —and utterly baseless — attack, the Taylor campaign slammed Stephens for his role in a 2009 high-profile murder case where one of the defendants wasn’t convicted.

A newspaper editorial wrote that Taylor’s charge was “pure fabrication,” and in an unprecedented move, District Attorney Risa Ferman called the Taylor line-of-attack “a complete, flat-out lie.” Even the son of the murder victim was content with Stephen’s performance. Taylor’s slanderous attack politicizing a man’s murder was so off-base that Taylor is reeling uncontrollably --- as he should be. Even for politics, this is beyond the pale, and Taylor needs to be sent to the unemployment line.

•Perhaps most bizarre is the attack against former State Representative Jay Moyer, who is attempting to reclaim his seat in this Montgomery County district. Rather than discuss the state’s imploding financial situation which he helped create, however, incumbent Democrat Matt Bradford has continually slammed Moyer as “Jaguar Jay.” Why? Because Moyer owns a ten-year old Jag he reportedly bought used.

The point? Anyone’s guess, but it looks like class warfare at its worst. Above all, though, it shows how truly “classless” Matt Bradford is.

•And for the truly clueless, we have Chester County State Representative Paul Drucker and Democratic gubernatorial candidate Dan Onorato. To their credit, they are talking about issues. Well, just one each, actually.

Drucker wants to toll Route 422, which is already an immense parking lot every single weekday. The fact that Drucker thinks levying yet more tolls and taxes on Pennsylvanians is the viable path to prosperity just shows how insulated from reality he really is. Enough said.

For Onorato, his passion is similar --- pushing for additional taxes on companies extracting natural gas from the Marcellus Shale, the only industry that can restore Pennsylvania’s lifeblood.

First, Onorato stated that he would deny drilling permits to companies not hiring a certain number of Pennsylvania residents, which, in addition to being simply juvenile, is unconstitutional on every level.

Onorato (as he says in his commercials, it’s O-N-O-R-A-T-O, but could just as well be R-E-N-D-E-L-L) also loves to state that the oil companies need to “pay their fair share.”

Like they’re not already.

Every company unlucky enough to conduct business in Pennsylvania is subject to the second-highest corporate income tax in the nation --- a whopping ten percent! So to propose a nine percent extraction tax on top of that just shows how far out of touch Onorato (Rendell) is in this race.

Maybe that’s why he has never led in the campaign, and Rendell’s statewide approval ratings are in the twenties.

It cannot be stressed enough how important these elections are to the future of this state and nation. Candidates advocating the common sense policies of fiscal restraint, energy independence, school choice and public-sector union reform are leading across the board.

More important for voters, however, is choosing those with the political will and core convictions to follow through on their promises.

Only then will we be able to stop blaming past politicians of both Parties for current problems, and focus on the only thing that matters — the long road ahead.
 

We Can Do Better

2010 State Legislatures: Forecast Worsens for Democrats

 by Louis Jacobson | September 29, 2010

Governing.com


When Governing last assessed the 2010 state legislative elections in July, the situation looked grim for the Democrats. The Democrats had 21 of their chambers in play, compared to just four for the Republicans -- by far the most lopsided split we've seen in any of the past five election cycles.

Now, a few months down the road, the Democratic outlook for the state legislatures has only worsened.

As we indicated in July, this is a terrible combination for the Democrats -- both an unusually large number of chambers are in play at the same time, ... and there's a startlingly unprecedented lean toward one party, the GOP.

In none of the previous five cycles -- which included two national wave elections (2006 and 2008) and a heavily anti-incumbent cycle for governors (2002) -- was there ever this wide a difference in projected risk between the two parties. Instead, the typical ratio of vulnerable chambers between the parties has been close to even.

Putting it all together, we estimate that the Democrats are on the verge of losing a net of four to 12 Senate chambers and six to 15 House chambers. At the higher end of those ranges, the control numbers for state legislative chambers would be fully reversed. Today, there are significantly more Democratic-controlled state Houses and Senates. But if the GOP makes strong enough gains, it could hand the Republicans sizable leads in both chambers -- just as the decennial redistricting process is set to begin.

In all, we've shifted 18 chambers from their July ratings -- all in the Republicans' direction.

We also shifted three tossup chambers into the lean Republican category -- the tied Montana House, the Democratic-held Pennsylvania House and the Ohio House. And we shifted three lean Democratic chambers to tossups -- the Colorado House, the Maine Senate and the North Carolina Senate.

While local factors have played a role in certain cases, we believe the major reason for the continuing shift to the Republicans on the state legislative front has been the national GOP wave. Democratic-held legislative chambers are especially vulnerable to this year's GOP wave …



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