Senate OKs tort reform measure

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The Senate easily approved the most sweeping tort reform measure in a decade yesterday, the first in a series of bills that the strengthened Republican majority hopes will curb frivolous lawsuits.

The Class Action Fairness Act, which Democrats had denied a floor vote in the last Congress by filibuster, passed on a 72-26 vote.

The bill has two key provisions -- one to direct many large class-action lawsuits out of state courts and into the federal system, and another to rein in the multimillion-dollar payments that lawyers receive in such cases.

Proponents say the bill will limit lawsuit abuse, which they blame for many business bankruptcies and job losses, by curbing excessive judgments and ensuring that damage awards benefit plaintiffs rather than lawyers.

"Nationwide class actions no longer will be subject to the legal ruling of one state's county court," said Sen. Jeff Sessions, Alabama Republican. "Defendants to nationwide class actions will be able to have their claims heard in federal court, where the Constitution intended them to be heard."

Republican leaders hope the bill's passage paves the way for future tort-reform measures, such as the medical-malpractice liability bill that has been in the works for years and is a top priority of Senate Majority Leader Bill Frist of Tennessee.

"Today's passage of the Class Action Fairness Act is a victory for the American people," said Mr. Frist, who noted that it was the first bill to come to the Senate floor during the 109th Congress. "The bill protects plaintiff's rights while reining in rampant abuse of America's courts."

The bill passed with help from 18 Democrats and the Senate's lone independent, James M. Jeffords of Vermont. Except for two who did not vote, every Senate Republican supported the bill.

Mr. Frist also told reporters that this bipartisan support "bodes well for the 109th Congress," but would not say whether it might portend a shaky future for Democratic filibusters against 10 of President Bush's judicial nominees.

"The judges? I don't see any ties to any of these bills," Mr. Frist said. "We have passionate feelings. And Democrats and every senator [have] passionate feelings about them."