Protect Floridians Right for Class Action Lawsuits (HB 1925 and SB 2564)

Here is information from Susie Caplowe, for more information on what a Class Action Lawsuit is check the comments section of this post. Post in the comments your thoughts on actions we can take, and what actions you are taking.

From Susie Caplowe

How Would HB 1925 and SB 2564 Eliminate Class Actions?

The bills under consideration by the Florida Legislature give corporate polluters a "get out of jail free" card by requiring that each individual claimant in a class action give written notice of their intent to file and allow the defendant to "cure" their claim individually, by paying their claim or otherwise righting the wrong, before the class action is even filed. This provision would virtually eliminate all class actions, as defendants will be able to "pick off" each individual claim by paying the small amount at issue rather than face liability to a larger class of persons harmed by the same wrongful conduct. Meanwhile, the defendant could continue with its unlawful and destructive practices with impunity. The United States Supreme Court has recognized that to allow a defendant to stop class actions by "picking off" the class representative would nullify the class action rule. In the 1980 decision of Deposit Guarantee Nat'l Bank v. Roper, the Court explained that such a procedure "would frustrate the objectives of class actions; moreover it would invite waste of judicial resources by stimulating successive suits brought by others claiming aggrievement." That this is the true impetus behind the law was made evident, when the House Judiciary Committee rejected an amendment to its class action bill that would have required the defendant to pay the claims of all class members that the consumer giving notice sought to represent (similar class action laws in other states have such a provision). The reason was obvious – it would defeat the bill's intent of allowing corporations to get away with illegal practices by paying the claims of individual claimants, without righting the wrongs perpetrated against the whole group.

These Bills Would Eliminate Deterrents to Corporate Pollution

The bills would also limit the ability to obtain statutory and punitive damages in some class actions. Statutory and punitive damages are designed to deter illegal conduct. Many corporations are beholden only to their bottom lines: the mere potential that they might be faced with paying punitive damages can serve as an important societal deterrent for such entities. This is especially true when it comes to corporate polluters who aren't willing to pay the additional costs of maintaining eco-friendly procedures, even if those procedures are mandated by law, unless there is a higher cost to them if it is proven that they don't. There is no logical reason to reward corporate polluters' bad behavior by granting them a "cap" on liability.

We Must Fight To Maintain Florida's Environment

Class actions are an important part of the Florida civil justice system, helping to ensure that corporate polluters can be held responsible when their reckless behavior destroys the environment or makes whole communities sick. Florida's courts are effective gatekeepers that already protect defendants from frivolous class actions. Florida's trial and appellate courts routinely dismiss or refuse to treat as class actions many lawsuits seeking such status. There is no class action crisis in Florida. As stewards of the environment, we have a duty to protect Florida's unique and special natural treasures. We must ensure that the State of Florida will not tolerate legislation expressly designed to insulate corporate polluters from being held accountable for the damage they do. We are doing everything we can to stop these horrible bills from passing but we need your help. It is imperative that all opponents of these bills stand together and form a united front against HB 1925 and SB 2564. Please contact your local representatives to express your opposition to destructive legislation .

For more information on how you can help fight HB 1925 and SB 2564 contact susiecaplowe@comcast.net