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Press Release

    Senator McConnell’s Litigation Fairness Act Would Help End ‘Taxation Through Litigation’

    06/23/1999

    (WASHINGTON) - J.V. Schwan, Deputy Director and Counsel for Civil Justice Reform at Citizens for a Sound Economy (CSE), made the following statement in support of Senator Mitch McConnell’s bill, The Litigation Fairness Act.

    "Taxation through litigation is the latest scheme in Washington. When the administration can’t accomplish their goals through legislation, they sue. This is not what our Founding Fathers intended. ‘The Litigation Fairness Act’ would help stop their ‘taxation through litigation’ scheme’.

    "Specifically, the bill would assure that when governments file lawsuits for economic losses allegedly incurred as a result of harm to citizens, the government's legal rights will not be greater than those injured citizens. The bill would preserve and in some instances restore that equitable rule of law.

    "McConnell’s bill does not bar suits by governments against private defendants, place a cap on the recoveries that may be obtained, or limit attorney fees. It simply codifies a traditional tort law rule that has existed for over 200 years."

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