A view from the states on stealth tort 'reform': the Bush administration is using the federal rulemaking process as its latest weapon against state tort remedies. A Texas lawmaker tells how this tactic undermines states' authority and frustrates their ability to protect their citizens.(Interview)
Trial, March, 2007 by Burtka, Allison Torres
The Bush administration's recent attempts to preempt state law by inserting pro-preemption language in federal agency rules has been characterized as back-door tort "reform." The effort has surfaced in places as diverse as the FDA's prescription drug labeling rule, the Consumer Product Safety Commission's mattress flammability standard, the National Highway Traffic Safety Administration's roof crush standard, and the Department of Transportation's regulations governing fuel economy.
State governments have been watching these developments closely and with growing alarm, noting that such efforts would immunize industries from liability for dangerous conduct and leave consumers without remedies provided by state law. Lawmakers of all political persuasions are...
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