Engineering Inc. - March/April 2005 - 13
The burden of cost Good Samaritan protections for engineers responding to
a in defending yourself natural disaster or other crisis. against a
frivolous Do you see the debate taking lawsuit is tremen- place this year
as a possible opening to additional reforms dous. It amounts to down the
road? nothing more than a not guilty of any wrongdoing. SENSENBRENNER: To
claims within 21 days after a shakedown. L a r g e corporations also are
remedy the many dysfunctions motion has been filed. Addition- f o r c e d
to fend off countless of our tort system requires a ally, a Three Strikes
and You're CHARLES KOPPLIN, ACEC RISK meaningless suits a year. variety of
reforms. Medical-lia- Out provision mandates a one- MANAGEMENT COMMITTEE
Medical liability inequities and bility reform and class-action year
suspension of a law license CHAIRMAN i n e f f i c i e n c i e s that
negatively reform are two areas we have to practice in a federal court
after W I N MCNAMEE/GETTY IMAGES affect cost and quality of, and
identified where federal action a lawyer has filed three or more access
to, adequate health care is justified and where targeted f r i v o l o u s
lawsuits in the same a n d hamstring employers who legislation has a chance
of pass- federal court. are trying to provide health care ing. Keep in
mind, however, Finally, the measure requires for their employees, also are
tort- that most tort law is created at plaintiffs in civil tort actions to
reform priorities. the state level by state legisla- file a lawsuit only
in the jurisdic- Asbestos litigation is another tures and state courts,
and most t i o n in which they live, suffer a r e a that remains seriously
tort cases are filed and decided their injury, or where the defen- flawed,
according to McBride. there. There will continue to be dant maintains its
principal place There are 70 companies in bank- some high-profile federal
efforts of business. This legislation also ruptcy representing 60,000 lost
by a legal reform-minded Con- w o u l d create mandatory sanc- member firms
can do to avoid jobs as a result of asbestos litiga- gress and president,
but some t i o n s against lawyers or other becoming a victim in a
frivolous tion, he says. At the same time, of the most important battles
in p a r t i e s who file frivolous law- lawsuit. victims are still
finding it difficult reshaping the tort system for s u i t s . Such tort
reform would Issues such as how to more to get compensation. the future
also are going on re d u c e so called venue shop- effectively manage
client expecta- While the president and Con- under the radar screen at the
ping, when lawyers seek out the tions and how to create bullet- g r e s s
attempt to curb lawsuit state level. most lenient jurisdictions to file
proof contract documents are the abuse at the federal level, Certifi-
ACEC: Obviously, there is court actions. first steps to avoiding a
frivolous cate of Merit legislation, such as much at stake in this debate
for It's definitely a better legisla- lawsuit, Wieczorek says. These w h a
t recently was passed in our industry. What do we need tive climate than in
the past, not kinds of steps must be taken at Ne va d a , is considered
another to do to help you move this s o much in Republican vs. the
beginning of a project. Once positive step for significant tort agenda
forward? D e m o c r a t , but in tort reform the horse is out of the
barn, it's reform at the state level. Certifi- SENSENBRENNER: On
supporters vs. non-supporters, too late. cate of Merit legislation estab-
the efforts discussed above says Sherman Joyce, president of The
importance of tort reform lishes a state-mandated threshold being made in
Congress, every- the American Tort Reform Asso- can't be overstated, says
the Insti- of merit that must be satisfied one needs to let their
represen- c i a t i o n ATRA , which ACEC tute for Legal Reform's McBride:
before a lawsuit can move for- tative and senators know where helped
establish some 20 years A balanced legal system is a ward. In Nevada, the
program has they stand on these issues. This ago. Achieving significant
reform bedrock of American society. Our resulted in a 50-percent reduction
has a noticeable impact. Also, that actually changes the abusive legal
system as it stands today is in the number of lawsuits filed, as noted in
the previous legal environment still, however, deeply flawed. And those
flaws says Wieczorek. response, those who are serious remains a difficult
process. impact the lives of every Ameri- ATRA's Joyce also pointed to
about tort reform can't ignore The Federal/State Issue can citizen.
Mississippi as an example of posi- the state level and need to get
Huchthausen is hopeful that tive change afoot at the state level. engaged
there, too. That Cer tain tort reform legislation s o m e t h i n g can be
done before Mississippi recently passed the engagement may take the form
only can be addressed at the fed- more in the business community, Tort
Reform Act of 2004 in an of educating your state legisla- eral level in
Congress while especially engineers, become vic- effort to ensure
courtroom fair- tor or senator about your views, other reforms must
originate in t i m s in no-win legal entangle- ness for all involved
parties. backing legal reform bills in the the states, Joyce says. On the
fed- ments. For years, Mississippi was state capitals, helping to organ- e
r a l level, Joyce agrees with It's unfortunate that when deemed the
absolute worst state ize state-level public-policy A C E C that a primary
tort faced with a frivolous lawsuit you judicial hellhole, Joyce says. And
think tanks that advocate legal reform need is in the class-action have to
seriously consider trying now you can see things changing reform, or
making sure that system, which involves frivolous to settle even if you
are not at for the better. there are reform-minded judges claims, gaming
of the system to fault, Huchthausen says. With While ACEC targets national
and attorneys general running keep cases in state courts and col- the legal
climate we're in, you just tort reform policy, Wieczorek says for election
in the states to lusive statements. Frequently, the d o n't know what will
happen. ACEC's Risk Management Com- counter those supported by the suits
are an attempt to force set- Something has to be done. trial-lawyer lobby.
mittee is addressing what ACEC tlements from businesses that are M a r c h
l April 2005 ENGINEERING INC. 1 3
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