
.,
,
Mr.
Chairman, the Association of Trial Lawyers of America (ATLA) appreciates
the opportunity
to
comment on
S.
2027,
the Civil Justice Reform Act
of
1990.
As
you
know,
as
President of ATLA during
1988
and
1989,
I was an active participant, and
A TLA
was
an active participant, in the work of the Civil Justice Project
of
the
Foundation for Change.
It
was that Project that led to the Justice for All report on
which much of
S.
2027
is
based.
For the record, Mr. Chairman, I would like to include the text
of
a Resolution
adopted unanimously
by
A TLA's Board of Governors at its most recent meeting on
January
23.
Thank you.
The text of the Resolution follows:
Whereas the Trial Lawyers of America
fully
support the civil justice
system to provide fair
andjust
resolution of disputes and,
Whereas delay in the fair and just resolution
of
personal injury and
wrongful death claims
is
especially punitive to those persons making such
claims who are often economically unable to reasonably sustain themselves
during
any
prolonged delay in receiving fair compensation for their losses
and,
Whereas unreasonable and unnecessarily costly procedures are
particularly onerous to those same persons and,
Whereas the proposed procedures outlines in the report titled
"JUSTICE FOR ALL: Reducing Costs and Delay in Civil Litigation"
appear to be procedures which would promote efficiency and reduce
transaction costs without in any
way
limiting the substantive rights
of
tort
victims and appear to be procedures which would fairly and in a balanced
manner expedite the resolution of
civil
claims and, in a balanced manner
reduce the costs of reaching fair and just solutions for all parties to civil
litigation,
Now
therefore be
it
resolved that The Association
of
Trial Lawyers
of America endorses the concepts proposed
by.
the task force in its report
titled "JUSTICE
FOR
ALL: Reducing Costs and Delay in Civil Litigation"
insofar as it embraces procedures which promote efficiency and reduce
transaction costs without in any
way
limiting the substantive rights
of
tort
victims.
Approved
by
said Association's Board of Governors on
the
23
day
of
January,
1990.