Orrin Hatch

  • 1995 0404 and 0726 - GOV (Senate) - Punitive Damages: Tort Reform and FDA Defenses, Orrin Hatch (R-UT) - [PDF-197p-GooglePlay]
  • 2005 0209 - GOV (Senate) - Senate Session
    • Class Actions, KB Toys (Deceptive Pricing Practices - 05:28:00 - Hatch), Coca Cola (Apple Juice - 05:29:00)
    • 2005 0209 - Congressional Record - [PDF-70p]
    • [VIDEO-CSPAN]
  • (p392)  - 59:12-1:05 - Senator Orrin HATCH (R-UT). Let me ask you this, Mr. Tiede.  Why is State contract law an insufficient remedy in this instance, or is it?
  • Terry Tiede, Assistant Commissioner of Insurance, Kansas - I don't know. I am not an attorney.
  • Senator HATCH - You are not a lawyer.  Mr. Fricke?
  • Howard R. FRICKE, Security Benefit Life Insurance Co. - I think the State contract law is adequate. I mean, it seems to be.
  • Senator HATCH. I do, too. To me, I think there is plenty of recourse under the law to resolve any of these problems so the contract holders or the insureds don't suffer.
  • ...
  • Senator HATCH. And my point is I have a contractual right to sue and I have a contractual right to get a remedy in court. I have a contractual right to right this wrong. I have a contractual right to stand up for my rights.
  • Mr. FRICKE. Absolutely.
  • Senator HATCH. That is all I am saying. It is no different than if you don't allow any transfer of annuity obligation. I have a contractual right, probably, under certain circumstances against everybody in that chain.
  • Senator METZENBAUM. If you can afford the legal fees and you are a small policyholder.
  • Senator HATCH. That is no different from if the issuing company breaches its contract anyway. I mean, you are still in the same position.
    • In other words, it is nice to come up with these unique theories of law, but it is also nice to recognize there is plenty of remedy within the current law to solve these problems.
    • Why do we want to prohibit what are legitimate contractual approaches that might benefit everybody concerned, and might not, too?
    • But then, again, we have contractual law to take care of it.
    • Why do we want to limit that right because we, in our almighty wisdom here in Washington, think that contractual law that has worked for two centuries now really isn't going to work anymore?

  • (p1) - Senator Orrin Hatch (R-UT) - Today, I will introduce the Civil Justice Fairness Act.
    • This comprehensive legislation seeks to redress problems within our civil justice system.
      • These problems include, among others, excessive legal fees and costs, dilatory litigation practices, the requirement that a party only partially at fault must pay 100 percent of all damages awarded to a plaintiff, the risk of unduly large punitive damage awards, and the excessively high cost of the medical liability component of the civil justice system.
    • Americans pay a high price for this present system, higher consumer costs, fewer products and services, and a cloud over volunteer activities. Our hearing today focuses on one aspect of our civil justice system-punitive damages.

1995 0404 and 0726 - GOV (Senate) - Punitive Damages: Tort Reform and FDA Defenses, Orrin Hatch (R-UT)  - [PDF-197p-GooglePlay]

⇒  Senate - Committee on the Judiciary

⇒  (p87) - Prepared Statement of George L. Priest, 11 - LC - Gallant v. Prudential, Barbour County, Alabama, Trial Transcript at 647, April 6, 1994

  • 05:17:00 (pS1178) - Orrin Hatch (R-UT) - Abuse of the class action system has even become the inspiration for popular literature.
    • In 2003, the author, John Grisham, released a book entitled ‘‘The King of Torts.’’ Grisham’s novel takes its reader into the world of the mass tort/class action lawyer where clients are treated like chattel and bargaining chips.
    • The value of a potential action is not measured by the merit of the claim but on the number of class members that can be rounded up.
    • The end game is not the pursuit of justice for the class members and clients, but in the pursuit of a hefty attorney’s fee.
    • Although Grisham’s book is intended as fiction, it is hard to distinguish it from the facts of our broken class action system. Let me read a few passages: 
    • 05:46:00 - Settlements, Verdict Money - Big, even if unjust, This doesn't take away consumer rights, important cases should be in important courts. Less Jackpot Justice, Forum Shopping. Madison County Illinois, It's a disgrace what has gone on. Disgrace in the Law in this country.

2005 0209 - GOV (Senate) - Senate Session

⇒  2005 0209 - Congressional Record - 70p 

⇒  [VIDEO-CSPAN]