Engineering Inc. - March/April 2005 - 11
It's definitely a better legislative climate than in the past, not so much
in Republican vs. Democrat, but and not on merit. ACEC Chairman, Bill How-
ney and member of the ACEC in tort reform Combine that with the judi- ard,
said legal reform is needed to Risk Management Committee. cial goal of
quick case resolution balance an out-of-balance legal In addition to the
high cost of supporters vs. non- and the creation of jurisdictions system.
Legal reform is impor- defending himself, the Nevada supporters. Achieving
that are openly slanted toward tant in protecting our businesses engineer
also found that his lia- plaintiff cases and excessive jury from frivolous
lawsuits or the bility insurance carrier refused to significant reform
awards, and the industry experi- g a m i n g of the system to keep renew
his coverage. He only was that actually changes ences a perfect storm of
abu- cases in lenient state courts. More a b l e to secure coverage from
the abusive legal sive legal practices. and more engineers are becoming a
n o t h e r insurance carrier by the answer to, `who else can we agreeing
to an astronomically environment still, Jackpot Jurisdictions sue?' in a
legal system that is out high deductible. however, remains a Something
developed during of balance. T h e burden of cost in difficult process.
Black's Law Dictionary defines the last few decades, says Sean defending
yourself against a friv- McBride, communications vice o l o u s lawsuit
can be tremen- tor t as an injury to someone's SHERMAN JOYCE p re s i d e
n t for the Institute for d o u s , said Charles Kopplin, person,
reputation or feelings, AMERICAN TORT REFORM Legal Reform, an affiliate of
the A C E C 's Risk Management or damage to real property. U.S. ASSOCIATION
ATRA U . S . Chamber of Commerce. C o m m i t t e e chairman. To tort costs
have steadily increased, The incidence of plaintiff attor- spend $50,000 is
common. It reaching a record $246 billion n e y s developing relationships
amounts to nothing more than a in 2003 approximately $845 with judges, who
in return have shakedown. f o r every American. This shown favoritism, has
increased. represents a 5.4 percent increase Legal reform is This in turn
has led to the cre- i n tort costs from 2002, important in according to
U.S. Tort Cost: a t i o n of legal environment 2 0 0 4 Update, published
by abuses or `jackpot jurisdictions.' protecting our A number of states
represent Tillinghast Towers Perrin. businesses from p r o b l e m areas,
McBride says, Much of the fight to enact tort pointing to West Virginia,
Illi- reform legislation at the federal frivolous lawsuits or Chairman F.
James Sensenbren- nois and California, as primary l e v e l has focused on
medical the gaming of the ner R-Wis. , believe significant culprits, with
Madison County, providers, which long have strug- system to keep cases
tort reform can be achieved with Ill., as the poster child for law- gled
with the high costs of mal- the new 109th Congress. Frist suit abuse in
America. practice insurance and malprac- in lenient state recently
announced his inten- The Tillinghast annual report tice awards. While this
problem courts. More and tion to make class-action reform on the U.S. tort
system lists Mis- has affected the industry from more engineers are an
immediate priority for Con- sissippi, West Virginia, Alabama, the
standpoint of higher health g re s s . In February, the Senate Louisiana
and California as the insurance premiums, engineers becoming the answer
Judiciar y Committee approved five most abusive states of tort are
increasingly becoming the to, `who else can the Class Action Fairness Act,
to a n d contract litigation, com- direct targets of lawsuit abuse allow
multistate class-action liti- p a r e d to Delaware, Iowa, and having to
face the reality if we sue?' in a legal gants to move their cases from Ne
b r a s k a , North Dakota and y o u are sued, you must pay, system that
is out state to federal court, thus avoid- S o u t h Dakota, which were
whether you're at fault or not. of balance. ing judicial hellholes. judged
the five best states. You can point the finger at And in late January, Rep.
Significant tort reform now is a the trial lawyers for the shape of BILL
HOWARD, ACEC CHAIRMAN Lamar Smith R-Texas , intro- major legislative goal
of President things, says Wieczorek. About d u c e d The Lawsuit Abuse
George W. Bush's second term. 2 0 years ago many of them R e d u c t i o n
Act, which would In addition to personally visiting determined that a lot
of money establish mandatory sanctions Madison County, Ill., to promote a
l s o could be made by suing for filing frivolous lawsuits in t o r t
reform, he addressed the developers and contractors. The violation of Rule
11 of the Fed- national need during his State of problem the design
community eral Rules of Civil Procedure. the Union address. is facing is
that they get brought The Act would abolish Rule Ma n y high-ranking
govern- in on lawsuits based on the levels 1 1 's current free pass that m
e n t officials, such as Senate of insurance and the dollars a allows
lawyers to avoid sanctions Majority Leader Bill Frist R- defendant has to
defend to pro- by simply withdrawing frivolous Te n n . and House
Judiciary t e c t their name and integrity, M a r c h l April 2005
ENGINEERING INC. 1 1
Engineering Inc. - March/April 2005
Table of Contents for the Digital Edition of Engineering Inc. - March/April 2005
Table of Contents
From ACEC To You
Ask Members
News & Notes
Market Watch
Legislative Action
COVER STORY: A Perfect Legal Storm
Interview With F. James Sensenbrenner, Jr.
Is There an Engineer in the House
The ABCs Of ESOPS
ACEC/PAC Donations Break All-Time Record
ACEC Roundtable
Members In the News
One on One
Engineering Inc. - March/April 2005 - Cover1
Engineering Inc. - March/April 2005 - Cover2
Engineering Inc. - March/April 2005 - Table of Contents
Engineering Inc. - March/April 2005 - From ACEC To You
Engineering Inc. - March/April 2005 - Ask Members
Engineering Inc. - March/April 2005 - News & Notes
Engineering Inc. - March/April 2005 - Market Watch
Engineering Inc. - March/April 2005 - 6
Engineering Inc. - March/April 2005 - 7
Engineering Inc. - March/April 2005 - Legislative Action
Engineering Inc. - March/April 2005 - 9
Engineering Inc. - March/April 2005 - COVER STORY: A Perfect Legal Storm
Engineering Inc. - March/April 2005 - 11
Engineering Inc. - March/April 2005 - Interview With F. James Sensenbrenner, Jr.
Engineering Inc. - March/April 2005 - 13
Engineering Inc. - March/April 2005 - Is There an Engineer in the House
Engineering Inc. - March/April 2005 - 15
Engineering Inc. - March/April 2005 - 16
Engineering Inc. - March/April 2005 - 17
Engineering Inc. - March/April 2005 - The ABCs Of ESOPS
Engineering Inc. - March/April 2005 - 19
Engineering Inc. - March/April 2005 - 20
Engineering Inc. - March/April 2005 - 21
Engineering Inc. - March/April 2005 - ACEC/PAC Donations Break All-Time Record
Engineering Inc. - March/April 2005 - 23
Engineering Inc. - March/April 2005 - 24
Engineering Inc. - March/April 2005 - 25
Engineering Inc. - March/April 2005 - 26
Engineering Inc. - March/April 2005 - ACEC Roundtable
Engineering Inc. - March/April 2005 - 28
Engineering Inc. - March/April 2005 - 29
Engineering Inc. - March/April 2005 - 30
Engineering Inc. - March/April 2005 - 31
Engineering Inc. - March/April 2005 - Members In the News
Engineering Inc. - March/April 2005 - 33
Engineering Inc. - March/April 2005 - 34
Engineering Inc. - March/April 2005 - 35
Engineering Inc. - March/April 2005 - One on One
Engineering Inc. - March/April 2005 - Cover3
Engineering Inc. - March/April 2005 - Cover4
https://www.nxtbook.com/nxtbooks/acec/engineeringinc_spring2020
https://www.nxtbook.com/nxtbooks/acec/engineeringinc_winter2020
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1119
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0919
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0719
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0519
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0319
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0119
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1118
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0918
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0718
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0518
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0318
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0118
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1117
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0917
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0717
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0517
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0317
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0117
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1116
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0916
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0716
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0516
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0316
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0116
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1115
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0915
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0715
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0515
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0315
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0115
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1114
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0914
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0714
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0514
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0314
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0114
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1113
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0913
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0713
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0513
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0313
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0113
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1112
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0912
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0712
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0512
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0312
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0112
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1111
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0911
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0711
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0511
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0311
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0111
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1110
https://www.nxtbook.com/nxtbooks/acec/engineeringincSeptOct
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0910
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0710
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0510
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0310
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0110
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1109
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0909
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0709
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0309
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0109_v2
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0109
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1108
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0908
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0708
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0508
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0308
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0108
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1107
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0907
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0707
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0507
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0307
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0107
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0505
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0305
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1105
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0306
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0105
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1103
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0906
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0903
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0703
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0106
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0506
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0503
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0303
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0904
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1104
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0704
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0504
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0304
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0905
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0705
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0104
https://www.nxtbook.com/nxtbooks/acec/engineeringinc1106
https://www.nxtbook.com/nxtbooks/acec/engineeringinc0706
https://www.nxtbookmedia.com