3 Bad, 1 Good

Tom Scott
CA Executive Director, National Federation of Independent Business

No, it is not the title of an upcoming Clint Eastwood movie.

Now that the budget has been signed, we can all focus on the 800 or so bills that the Governor has to deal with by October 1st.  On the civil justice front, CALA would like to see the Governor veto the following legislation:

AB 437 Jones:  Would result in significant new employer liability and damages exposure in virtually any lawsuit challenging workplace decisions.

AB 2947 Eng:  Prohibits voluntary arbitration agreements between seniors and long-term care facilities.  This legislation only helps lawyers, not seniors.

SB 1113 Migden:  Would further tip the scales in the plaintiffs’ favor by expanding the scope of reimbursable costs to a victorious plaintiff.  This kind of expansion of cost recovery would only create new incentives to sue.

And now to the good news.  SB 1608 Corbett/Harman is on the Governor’s desk for signature.  CALA and a large coalition of supporters in the state strongly urge the Governor to sign this legislation.  SB 1608 is a bipartisan, comprehensive reform measure designed to increase disability access compliance while reducing unwarranted litigation under ADA.  While it might not be perfect, it will ensure that businesses are accessible and protect them from drive by lawsuits.

What a year it has been.  I sometimes wonder whether candidates running for the state legislature know what they are getting themselves into.  If you thought 2008 was a wild one, just wait until you see 2009.

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