Weekly Column

         The cost of litigation per person in the United States is higher than in any other nation in the world and these costs will continue to put a handicap on our economy unless true reform is implemented. Last week the House worked on two pieces of legislation that will help prevents frivolous lawsuits against the food industry and the gun industry.

     The House passed the Personal Responsibility in Food Consumption Act last week that will help prevent frivolous lawsuits against the food industry by people who claim that they were forced to eat certain foods that made them gain weight.  Personal injury attorneys and trial lawyers are fighting to sue companies that sell fattening foods – everyone from McDonald’s to the local pizzeria. These lawsuits threaten jobs, particularly in small businesses and family-owned restaurants, and ultimately raise prices for consumers. The Personal Responsibility in Food Consumption Act would generally prohibit obesity or weight gain-related claims against the food industry.  After all-each of us is responsible for what we choose to eat. The Personal Responsibility in Food Consumption Act must now pass in the Senate.

      The Protection of Lawful Commerce in Arms Act, which also passed in the House last week, is bipartisan, common-sense legislation that takes an important step forward in preventing reckless lawsuits from bankrupting the firearms industry. Through this legislation, Congress will provide protections for those in the firearms industry from lawsuits arising out of the criminal or unlawful acts of people who use their products illegally.

     Unfortunately, in the past several years, lawsuits have been filed against the firearms industry on theories of liability that would hold them liable for the actions of others who use their products in a criminal manner. The intent of these ridiculous lawsuits is clear. John Coale, one of the personal injury lawyers suing the firearms industry, told the Washington Post in March of 2000, “The legal fees alone are enough to bankrupt the industry.” Suing the firearms industry for street crime is like suing General Motors for criminal acts involving Buicks – it just doesn’t make sense. These lawsuits usurp the authority of Congress and of state legislators in a desperate attempt to enact restrictions that have been widely rejected.

     The Protection of Lawful Commerce in Arms Act will prevent state courts from bankrupting the national firearms industry and undermining each citizen’s constitutionally guaranteed right to bear arms. This legislation has already passed in the Senate and will now go to the president for his signature. Thirty-three states have already enacted statutes blocking this type of litigation.