The Public Policy
The Trial Lawyers’ Additive
An example of what fuels the litigation lobby.
(Page 2 of 2)
Ironically, the use of MTBE is being phased out. However, liability for past cases remains.
The legislation before Congress would simply protect the MTBE makers from product liability suits based on the claim that the additive is per se defective, rather than that product makers were negligent. Anyone responsible for leaky storage tanks or pipelines would remain liable under several theories, ranging from negligence to breach of contract to breach of warranty.
But a finding of fault would require a demonstration of fault. Which seems fair for anyone seeking millions or hundreds of millions of dollars in damages. The provision is no corporate bailout.
There are many bad provisions in the energy bill now before Congress, but restricting MTBE liability isn’t one of them. With the House and Senate looking for a compromise, legislators should resist the temptation to do the trial bar’s bidding by removing the provision.
About the Author
Doug Bandow is a senior fellow at the Cato Institute. A former Special Assistant to President Ronald Reagan, he is the author and editor of several books, including The Politics of Plunder: Misgovernment in Washington (Transaction).
Letter to the Editor View all comments (1) | Leave a comment
Related Articles
More Articles by Doug Bandow
More Articles From The Public Policy
http://spectator.org/archives/2005/07/22/the-trial-lawyers-additive
Follow us:
ADVERTISEMENT
SPONSORED LINKS
FLASHBACK TO: 1995
-
Pope Culture
A man of faith in a godless age is hitting Americans where it hurts.
-
Why the GOP Does Not, Like, Totally Suck
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
-
Dames at Sea
-
In the Absence of Guns
In Britain, defending your property can get you life.
-
The Metaphysical Martini
-
Counting the Costs of Clintonism
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
-
Chuck McHagel
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
-
The Legacy of Old John and Mother Fresh-Roasted
-
It’s the Best Time of the Year
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
-
The Bush Crack-Up
Was the President done in by the economy, or by the politics of the economy?
Clip of the Day
ADVERTISEMENT
