STATEMENT OF ADMINISTRATION POLICY
H.R. 1927 – Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015
(Rep. Goodlatte, R-VA, and Rep. Franks, R-AZ)
The
Administration strongly opposes House passage of H.R. 1927 because it
would impair the enforcement of important Federal laws, constrain access
to the courts, and needlessly threaten the privacy of asbestos victims.
Class
action lawsuits allow groups of individuals with similar injuries to
vindicate their rights efficiently and effectively. Courts already have
ample authority under the existing rules governing class actions to
screen out frivolous and baseless lawsuits. H.R. 1927 would expand upon
the existing rules by requiring the plaintiffs in a class action to
demonstrate that each member of the proposed class suffered the same
type and scope of injury. This new requirement would narrow the
availability of class actions, potentially dissuading plaintiffs from
pursuing meritorious claims, including under important civil rights,
privacy and consumer protection laws, and denying them access to
justice. Moreover, there is already an established process for amending
the Federal Rules of Civil Procedure, which is the more appropriate
vehicle for ventilating and potentially adopting the proposed revision
of Rule 23 standards regarding class actions.
In
addition, based on the false assertion that there is endemic fraud in
the asbestos trust system, H.R. 1927 would impose mandatory reporting
and disclosure requirements that would release into the public domain
asbestos victims' names, exposure histories, and other sensitive
information. This disclosure would threaten their privacy, make them
more vulnerable to identity thieves and other predators, and potentially
disadvantage them in many ways unrelated to asbestos exposure,
including in their efforts to obtain employment, credit, and insurance.
If the President were presented with H.R. 1927, his senior advisors would recommend that he veto the bill.
Source: The Executive Office of the President, Office of Management and Budget
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