Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
323152169
label
Waukesha County Picnic 9/6/92 [OA 5812] [1]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
323152169
contentType
document
title
Waukesha County Picnic 9/6/92 [OA 5812] [1]
citationUrl
identifierLocal
13639-003
collections
Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Speech Draft Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
323152169
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
c7efdde66b48fdf0
ocrText
Originally Processed With FOIA(s):
FOIA Number:
S
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Speech File Draft Files
Subseries:
Chron File, 1989-1993
OA/ID Number:
13639
Folder ID Number:
13639-003
Folder Title:
Waukesha County Picnic 9/6/92 [OA 5812] [1]
Stack:
Row:
Section:
Shelf:
Position:
G
26
18
4
5
1584
Sept. 7 / Administration of George Bush, 1992
The only other point I want to make is
a long time; we salute him. Here's a guy who
that this is Labor Day, and to those hard
rolls up his sleeves, like so many of you, and
workers across this country, don't let anybody
just goes to work for what he believes. It's
tell you we are a Nation in decline. We're
a great part of American politics. I salute him
a Nation on the rise. Our workers are the
and every other volunteer out there doing
most productive anyplace in the entire world.
the Lord's work. We are going to win because
So the big question is, how do we get this
of all of you.
country moving so everybody that wants a
Barbara and I started this morning up at
job has one? And the answer is to spend a
the Mackinac Bridge in Michigan. With us
little less Government money, tax a little bit
today, incidentally, is Michigan's Governor
less, and stimulate the economy and get it
John Engler over there, another great Re-
going. And we're going to do that.
publican, John. We had a brisk 50-minute
Thanks for a great welcome. And I just
walk across that magnificent Mackinac
can't tell you how much we're looking for-
Bridge. So when we say it's great to be at
ward to this walk. We'll set a good pace. And
a picnic, we know what we're talking about.
I plan to set that pace in November. We need
It's nice to be here, no more walks.
you. Many, many thanks for your support.
Now, this Labor Day we gather at a trium-
Now let's go. We're off. Thank you all.
phant moment in history. I can stand before
you this morning and can say something no
Note: The President spoke at 7:04 a.m. A tape
other President could ever say: The cold war
was not available for verification of the con-
is over, and freedom finished first.
tent of these remarks.
But America is not a Nation that brags,
not a Nation that looks behind. We are loyal
only to the future. So this Labor Day we must
rededicate ourselves to the future of all who
Remarks at the Republican Party
punch the time clock, pay the bills, sweat
Labor Day Picnic in Waukesha,
it out at tax time. Our number one priority
Wisconsin
must be to build economic security for the
September 7, 1992
working men and women of this great coun-
try of ours.
Thank you so much. What a marvelous
Today is the kickoff day for these cam-
turnout. Waukesha knows how to do it.
paigns. I think the American people feel this
Thank you all very much. Barbara and I are
one has been going on about 10 months too
delighted to be here. May I thank our great
long, and so do I. But nevertheless, this is
United States Senator Bob Kasten and say
the official kickoff day. My opponent will kick
how lucky we are to have him and Eva in
off his campaign with a message of fear, tell-
Washington, DC, two of the best. Please get
ing us that our country is in decline. But I
out there and work hard in November. We've
ask you to look beneath the rhetoric and look
got to get more like him in the Senate. Of
at the facts.
course, you heard from one of the great Gov-
Governor Clinton will tell you that we're
ernors in this country, Tommy Thompson,
a Nation in decline, slipping past Germany,
your own. I salute him and Sue Ann. I don't
headed south toward Sri Lanka, to use his
believe I've got a better supporter out there
words. Wrong, absolutely wrong, Governor
than Tommy Thompson.
Clinton. The world's most productive work-
May I greet Jim Sensenbrenner. If we had
ers are not in Germany. They are not in
more like him in the Congress you wouldn't
Japan. They are right here in the United
have everybody yelling, "Clean House." He's
States of America. A lot of them right here
right. Most of them are wrong. We do need
today in Wisconsin.
to clean House. That brings me to Joe Cook.
Governor Clinton will tell you that Amer-
I'd like to see him elected to the Congress.
ican wages are slipping. And he doesn't men-
And then of course, John MacIver, an old
tion that since 1985, our workers have earned
friend who has been in these political trench-
bigger paychecks and benefits than any other
es with me and Tommy and Bob Kasten for
workers in the world. I want to see them even
George Bush, 1992
Administration of George Bush, 1992 / Sept. 7
1585
n. Here's a guy who
better. Governor Clinton says that people are
Don't just ask me about what's wrong with
0 many of you, and
working harder for less. He won't mention
our legal system. Check the opinion of that
at he believes. It's
that adjusted personal income is higher than
famous enforcer of American justice. I'm not
politics. I salute him
it was 4 years ago. That's because inflation,
talking about Oliver Wendell Holmes or John
er out there doing
the thief of the middle class, has been se-
Marshall. I mean someone even more fa-
oing to win because
curely locked away.
mous than that: Hulk Hogan. My grandkids
Now, does this mean all is fine in America?
tell me that in his movie last year, Hulk
this morning up at
Of course not. But at a time of uncertainty,
Hogan was confronted with the predictable
Michigan. With us
a time of wrenching global challenge, Gov-
crop of bad guys, only the bad guys refused
chigan's Governor
ernor Clinton wants to scare American work-
to fight. Instead they said, "This is the nine-
another great Re-
ers so that he can slip into office with the
ties; we're not going to fight you. We are
a brisk 50-minute
failed tax-and-spend policies of the past. Last
going to sue you.' [Laughter]
ificent Mackinac
night, I don't know if any of you heard that
Well, I believe that one statement sums
it's great to be at
Tom Brokaw show, but last night the Gov-
up a lot of what is wrong in America today.
e're talking about.
ernor appeared on the Brokaw show, and the
You pick up the newspaper, and the stories
e walks.
first words out of his mouth were, "I have
roll on out at you. Like the story, true story,
gather at a trium-
advocated a tax increase." Well, Governor,
about a basketball referee who made a con-
I can stand before
that is the wrong prescription for America.
troversial call at the buzzer of a Purdue-Iowa
say something no
He offers a treasure trove of new Govern-
basketball game. Purdue won, and an Iowa
say: The cold war
ment programs that will cost at least $220
souvenir company was suddenly left with a
ed first.
billion more of your money. I say you already
lot of victory souvenirs that weren't in all that
Nation that brags,
give too much to the tax man. He wants to
much demand. So what did the company do?
ind. We are loyal
raise taxes by $150 billion just to start; that's
They sued the referee. Sound crazy? Well,
abor Day we must
just for openers. I want to cut them and get
it took 2 years and a lot of money before
future of all who
the economy started in high gear.
the case was dismissed by the State supreme
y the bills, sweat
You heard what Bob Kasten said; he's
court.
nber one priority
right. We've been trying to get through this
Now, understand, law is a noble and hon-
C security for the
gridlocked Congress some incentives that he
orable profession; but most good lawyers will
of this great coun-
and I believe in, locked because of the old
tell you that the system is out of control. In
thinking of the Democratic leadership that's
the past 20 years, the number of civil lawsuits
y for these cam-
been in power for 38 years.
filed in Federal courts has more than dou-
n people feel this
So as this campaign gets into full swing,
bled. Today the average case takes almost a
ut 10 months too
I make one promise. I will talk about real
year to be resolved, and in the past year alone
vertheless, this is
ideas: of making health care available to the
the number of cases were pending for 3 years
opponent will kick
poorest of the poor, controlling what you pay
increased by nearly 15 percent. That means
:sage of fear, tell-
when you go to a doctor; about reforming
you can file a suit, have time to enroll in
in decline. But I
welfare; giving our kids what they deserve,
a law school, study 3 years, graduate, pass
rhetoric and look
the world's very best schools. My policies will
the bar, and then represent yourself in court
strengthen the most important institution in
on the day the decision is handed down.
Il you that we're
our Nation, and I am talking about the Amer-
Now, come on.
g past Germany,
ican family. The liberals are trying to back
The NAM, the National Association of
anka, to use his
us away from discussing how to strengthen
Manufacturers, has just finished looking at
wrong, Governor
the family, and we are going to stay with it.
what this litigation explosion costs our econ-
productive work-
America knows that the family is slipping,
omy. According to a soon-to-be-released
They are not in
and we want to help strengthen it by child
study, American consumers and companies
in the United
care and by support for these school choice
will spend up to $200 billion on legal services
them right here
and whatever it is, welfare reform. So let's
this year, 200 billion dollars! American busi-
keep talking about what America needs:
nesses now spend more on insurance and
I you that Amer-
strengthening the American family.
legal fees than on training and preparing our
he doesn't men-
But today, as Governor Thompson said, I
workers for the new economy. And that is
kers have earned
want to talk about another roadblock in the
crazy. As a Nation, I believe it's high time
ES than any other
way of you and your families' economic secu-
that we started suing each other less and car-
o see them even
rity: our crazy, out-of-control legal system.
ing for each other more. I have proposed a
1586
Sept. 7 / Administration of George Bush, 1992
comprehensive plan to reform our civil jus-
proconsumer, probusiness, prosafety, and
tice system.
projobs. The day my pen signs Senator Kas-
And we reform our product liability laws.
ten's bill is the day we stop undermining the
These laws allow people to be compensated
American worker that we salute today on
for harm caused by a defective product. Peo-
Labor Day.
ple ought to receive fair compensation when
So why then, if we have all these problems,
a product is defective and they get hurt. But
do we face this crisis? Bob Kasten will tell
like so much of our civil justice system, prod-
you in three words, the gridlocked Congress.
uct liability has careened out of control.
And that's why I'm here today.
Let me give you just one example. The
Forty-four years ago next month, another
Will-Burt Corporation of Orville, Ohio,
incumbent President came through
stopped making parts for ladders and scaf-
Waukesha. His name was Harry S Truman.
folds and aircraft because they couldn't af-
Now, I admit it; Harry and I don't have ev-
ford the liability insurance. That was bad
erything in common. He believed in bigger
news for the company's owners, but worse
Government; I don't share that view. But
news for the 80 employees, all of whom got
quite frankly, I voted against Truman that
pink slips.
year. But still there are some similarities be-
Here is the problem. The product liability
tween us.
laws vary from State to State, and the rules
I've just read that fascinating book, this
have encouraged these crazy lawsuits and
big, fat book on Truman, a marvelous biog-
outrageous awards. And the cost of insurance
raphy. Harry Truman ran a small business.
keeps going right out through the roof, keeps
He knew what it was to meet a payroll, to
skyrocketing. Big deal, right? So companies
work for a living in the private sector. And
have to pay extra for a few lawyers. But it's
so do I. Harry Truman wanted to join the
not just companies who foot the bill; we all
military and fight for his country. So do I,
pay higher prices for everything from medi-
and I did. Harry Truman ran as an underdog,
cine to stepladders. We never get to see a
just as I am. And he liked it, and so do I.
lot of good products because companies are
Harry Truman admitted when he made a
afraid of excessive lawsuits.
mistake. And God knows I've done the same
Get this. Almost half of all the money paid
thing, and I've admitted it.
out in these kinds of cases goes not to the
But most of all, Harry Truman was frus-
injured party, but to the lawyers. I don't want
trated by what he called the do-nothing Con-
to see only lawyers getting rich; I want to
gress. Listen to Truman's very own words
see American workers getting rich. And that's
from right here in this very town 44 years
the problem. Our product liability system is
ago: "When I say do-nothing, I mean they"-
killing our economic competitiveness, costing
meaning Congress-"have done nothing for
Americans secure jobs that you deserve. Our
the people. They have not listened to the
liability costs are many times greater than in
people's demands."
Japan and in Europe. Every dollar we spend
Now, the gridlocked Congress hasn't lis-
all around the courtroom is a dollar we won't
tened to people either. One example: I favor
spending on training, education, research, in-
a balanced budget amendment. So do you.
vestment. It could be the difference between
The Congressman from this very district
no jobs for our kids and good jobs for our
sponsored the balanced budget amendment
kids.
and then turned around and voted against
Now, we have to do something about this.
his own amendment on the House floor.
Luckily, your great Senator Bob Kasten un-
That's what I mean when I say "gridlocked
derstands this. He has been fighting to
Congress." Clean House.
change the system. And he has put forth a
For years, Americans have complained
plan, which I am for, working with him on,
about this crazy legal system, but once again
to speed the legal process, settle more cases
the gridlocked Congress has refused to act
out of court, and bring some rationality to
on my reforms, or on Bob Kasten's reforms.
the product liability system. Once again, a
Later this week, we finally get a Senate vote
Wisconsin man is in the lead. Our plan is
on the product liability reform. My message
ation of George Bush, 1992
Administration of George Bush, 1992 / Sept. 7
1587
business, prosafety, and
to the gridlocked Congress is simple: Either
Last but not least, Harry Truman believed
ny pen signs Senator Kas-
fix our legal system, stop undermining our
America could not turn our back on the rest
we stop undermining the
workers, or we're going to take a broom and
of the world, even despite the challenges
that we salute today on
do some spring cleaning in November, be-
here at home. Governor Clinton virtually ig-
cause we are going to clean House.
nores foreign policy and flirts with the dan-
e have all these problems,
Send me some good leaders who will listen
gerous idea of sticking America's head in pro-
isis? Bob Kasten will tell
to the people, the way this Senator does.
tectionist sands.
the gridlocked Congress.
Elect Joe Cook to the House of Representa-
Harry Truman said, "The buck stops
here today.
tives. Help clean House. That's the message.
here." On issue after issue, Governor Clinton
ago next month, another
They talk about change, change the one insti-
says, "First, let's blame George Bush," and
dent came through
tution that hasn't budged for 38 years.
then, "I'll get back to you later with an an-
ne was Harry S Truman.
Change the House.
swer." I'll tell you, if the bucks stops there,
arry and I don't have ev-
Well we're going to clean House, not just
then Governor Clinton is offering devalued
1. He believed in bigger
so companies spend less time paying lawyers,
currency.
it share that view. But
more time creating jobs, not just so moms
Harry Truman was a man of decisiveness,
ed against Truman that
and dads can coach Little League without
not equivocation. He'd find little in common
are some similarities be-
fear of some crazy lawsuit. We're going to
with Governor Clinton, a man who hedges
clean House so we bring down health care
or ducks on almost every tough issue, a man
it fascinating book, this
costs, so we improve our schools, we take
who seems to feel strongly on both sides of
iman, a marvelous biog-
back our streets from the criminals, and we
almost every issue that are before this great
in ran a small business.
start backing up our law enforcement offi-
Nation. I found out something in the Oval
as to meet a payroll, to
cials more and more.
Office: You can't have it both ways. You've
the private sector. And
Now before I finish, it's worth mentioning
got to call it as you see it. You have to make
man wanted to join the
that while I'm in Waukesha this morning, my
the tough decision and then pay the con-
r his country. So do I,
opponent, guess where he is, he's in Harry
sequences or get the credit. But you can't
man ran as an underdog,
be on every side of every issue, waffling
e liked it, and so do I.
Truman's hometown in Independence, Mis-
around, and call that leadership. That is not
tted when he made a
souri. So let's just have some plain speaking
leadership.
about Bill Clinton, Governor Bill Clinton,
ows I've done the same
You know, many people thought Harry
ed it.
and Harry Truman.
Truman would lose in 1948. But he said what
arry Truman was frus-
Harry Truman never engaged in double-
was on his mind. He didn't worry about the
ed the do-nothing Con-
speak. He told people the truth, not merely
press. And he never lost faith in the United
man's very own words
what they wanted to hear. Compare that to
States of America.
his very town 44 years
Governor Clinton's position on reforming
I stand before you with the same passion
nothing, I mean they"-
our legal system. The head of the lawyers,
and that same faith. I will talk about ideas
"have done nothing for
the head of the trial lawyers in Arkansas,
for the next 57 days, ideas that matter, ideas
ve not listened to the
Trial Lawyers Association, said Governor
that can deal with the real challenges facing
Clinton has, and I quote, "always done what
this country, ideas that won't make everyone
d Congress hasn't lis-
is right for the trial lawyers." I bet Harry
happy but that will be right for the United
One example: I favor
Truman would have done what is right for
States of America.
endment. So do you.
the American people, not for the trial law-
And like Harry Truman, I believe a new
om this very district
yers.
age of America beckons and that we can reap
d budget amendment
Whether it was the Soviet blockade of Ber-
the benefits. With your help, come Novem-
nd and voted against
lin or the invasion of Korea, Harry Truman
ber we will match our global victory with eco-
on the House floor.
never flinched from the tough decision. Now,
nomic security here at home.
hen I say "gridlocked
contrast that with Governor Clinton's waf-
Thank you all for being here. And may
e.
fling and wavering about whether he would
God bless the United States of America on
ns have complained
have followed my lead and stood up to Sad-
this very, very special day. Thank you all.
stem, but once again
dam Hussein and his naked aggression.
:SS has refused to act
Harry Truman prided himself on his own
Note: The President spoke at 10:16 a.m. at
Bob Kasten's reforms.
military service, and he frequently visited
the Waukesha County Exposition Grounds.
ally get a Senate vote
veterans associations and spoke with great
In his remarks, he referred to John Maclver,
reform. My message
pride about his service to his country.
Wisconsin Bush-Quayle campaign chairman.
1588
Sept. 7 / Administration of George Bush, 1992
A tape was not available for verification of
Fellow Americans, I am proud to be with
the content of these remarks.
you in Hamtramck on Labor Day. You are
the blood and bone of Copernicus and Cho-
pin and Curie. You are the sweat and sinew
that built this city and this industry. And you
Remarks to the Community in
are the voice and vision of your parents who
Hamtramck, Michigan
struggled to be heard and won that struggle,
September 7, 1992
that labor's voice may be heard always, al-
ways. You are the inspiration for Americans
Thank you, Paul. And thank you, Governor
who watched and prayed and cheered
Engler. Thank you very, very much. I love
through recent years as the great nation of
this sign, of all the signs out there: "These
Poland, racked by the rhythms of war and
are the Poles that count." You are the Poles
oppression, rose like a phoenix, a free nation
that count.
once again.
Early this morning the Governor and his
We watched this new force, not pushing
wife, Michelle, and Barbara and I all joined
down from a tyrant but up from the people.
about 80,000 for a walk across the bridge up
We prayed for the nation of Poland, reborn,
in northern Michigan. He didn't mention it,
brimming with a new and different fluid of
but I beat the Governor across the bridge.
life, inspired by a Pope and by a passion for
freedom, for freedom at last. We cheered a
But he says he was just being polite and
Gdansk electrician who electrified the world
hanging back with the First Lady.
with the charge that all people should be free
Today I don't want to talk about politics.
and be heard. We stood proud as American
I want to talk about something else, some-
labor took to the forefront during the strug-
thing that's near and dear to the hearts of
gle, standing with Solidarity in its darkest
everybody: freedom. May I recognize some
hour, firm in the belief that the dream was
of the outstanding leaders who are with us
real.
today: Monsignor Milewski; your great
I stood before you right here in Ham-
Mayor, Robert Kozaren; my friend the presi-
tramck, right here 3 years ago, with this mes-
dent of the Polish General Council who in-
sage: Communism has left an ugly scar on
troduced me, Paul Odrobina; parade chair-
Poland. It will heal, but with pain, the pain
man Ted Koltowicz; and the grand marshal,
of insecurity and insolvency. I pledged Amer-
Walter Budweil. Thank you all very much.
ica's help. Today I return to you to say that
My fellow Americans, this past Independ-
this country and our allies have responded
ence Day I traveled to the heartland of Po-
forcefully.
land to bury a treasure. In the crypt of an
First, our concern for Poland's security.
ancient cathedral, I stood with President
On that day here 3 years ago, I called for
Walesa as the remains of the great patriot
an end to the cold war. Thank God, the cold
and artist Ignacy Paderewski were finally laid
war has ended, and thank God, freedom won.
to rest in the rich and free Polish soil that
America will do what's right to make certain
conceived and sustained him. And the ripples
Poland never again braves the chilling tomb
from that moment, as his remains were con-
of communism.
secrated to the earth on that warm summer
And second, our concern for Polish sol-
day in Warsaw, are passing through this
vency. It's been said that communism is not
crowd here and now. Sons and daughters of
a form of economics, it's the death of eco-
Hamtramck, your forebearers came to this
nomics. So 3 years ago, I called for all to
great country because they too could not
rally 'round with economic efforts to help
countenance a Poland shackled by repres-
pull Poland from an economic grave. I called
sion. Rather than cling to native soil bled dry
for giving Poland preferred trade treatment
by empty promises, they chose instead to
so she can reach out to the world through
flourish free on foreign soil and to make it
exports. I called for reducing Poland's debt
their own. Today you are part of the great
to ease her burden. I called for investors to
family that is America.
help unleash the explosive entrepreneurial
WHITE:HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:23
PG.01
WHITE HOUSE
SITUATION ROOM
PRECEDENCE IMMEDIATE
RELEASER: IIPz
PRIORITY
ROUTINE
DTG: 0521207 SEP TR
MESSAGE NO,
58
CLASSIFICATION UNCLASS
PAGES 220
FROM JBUNTON
7750
111.5
(Name)
(Phone Number)
(Room No.)
MESSAGE DESCRIPTION
STAPPING COMMENTS FROM
JUSTICE DEPT. AND BOYDEN GRAY
LOCATION
AFI AF 1
STEVE DELIVER TO PROVES
CHRISTINA MARTIN
REMARKS: Here you go ! Hope the next
event is DRY!
JB
WHITE 09/04/92 HOUSE COMMCTR 16:40 URC-112
SAT 05 SEP 92 21:23
PG.02
0202 514 0468
ATTORNEY GENERAL
4001
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
SEP 4 FACSTMILE COVER SHEET
DATE:
9/4
TRANSMITTED TO:
White House Spechwriting
TELEPHONE NUMBER: 202-456-
2930
FAX NUMBER: 202-456-
6218
TRANSMITTED FROM:
Eugene Scalia
Assistant to the Attorney General
Office of the Attorney General
Room 5119
U.S. Department of Justice
Washington, DC 20530
(202) 514-2291 or FTS 368-2291
(202) 514-0468 (Fax)
PAGES BEING SENT (EXCLUDING COVER SHEET):
9
MESSAGE/COMMENT:
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:24
PG.01
09/04/92
18:41
202 514 0468
ATTORNEY GENERAL
USI UV
Office of the Attorney General
Washington, D. C. 20530
September 4, 1992
MEMORANDUM TO: PAUL KORFONTA
FROM:
EUGENE SCALIA
SUBJECT:
WISCONSIN PRODUCTS LIABILITY SPEECH
I am faxing pages on which the Justice Department has
comments. Explanations follow. Some of the substantive changes
carry great significance. Bear in mind that the bar has been
aggressive in attacking the numbers used in this argument.
Page 3: We cannot verify the comparison of law students to
others.
We have no reliable report that the average case takes a year.
(We have a median at 9 months.) I have proposed a fudge, but
recognize its weakness.
Bottom of page 4: Delete reference to accountant cuits because
the surge is due to suits arising out of the S & L mess, with a
very high portion being brought by the federal government.
Page 5: The "individual legal crisis," and the defendants you
place in it, are new to me. The distinction you are drawing is
between procedural and substantive problems: how about, "The
first is that the rules governing lawsuits in this country need
drastic overhaul."
Our legislative proposal is to experiment, in certain federal
cases, with the English Rule. I think we can be made to squirm
if we do not leave this out for ourselves, and instead call for a
universal English Rule.
The last two paragraphs are hard to follow. I've proposed
changes but I'm not sure what was intended.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:25
PG.01
09/04/92
18:41
202 514 0468
ATTORNEY GENERAL
W 003
Page 6: The system does not protect consumers "not at all."
Similarly, it is not credible that we would be safer without
product liability law, or that only lawyers benefit. (If so, no
one would bring suits!) Whoppers this big the President will get
called on.
We can't verify lawyers' take in products liability cases heard
by juries. We can suggest: "Nearly half [42 percent] of the
legal fees and expenses in tort cases end up in the pockets of
lawyers.
We cannot verify the liability cost figures. We can offer:
"Tort costs in the U.S. take a bite out of our GNP six times as
big as their effect on Japan's, and 5 times as big as the effect
of tort costs on Britain's GNP."
Page 7: We do not want one product liability law. Such a broad
statement by the President will be quoted on the floor of the
Senate, and will hurt us.
We cannot verify that only U.S. and Britain have punitive
damages; I doubt it (Australia?).
Page 8: No one here believes that a product liability bill has
passed the House -- check this statement carefully.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:31
PG.02
09/04/92 18:42 202 514 0468
ATTORNEY GENERAL
#
SENT BY:Xe-ex Telecopier 7020 : 9- 4-92 ; 2:12PM ;
OPD-
202 514 0468:# 4
SENT BY:Xerex Telecopier 7020 ; - 4-82 i 14:58 ;
The white House-
OPD;8 4
3
These stories may make us chuckle, but they sate no worry,
Worry that our nation is in the gripe of a litigation explosion -
- and it's impact is being felt everywhere.
Let me be clear -- I have nothing against lavyers. They are
an assential part of our society -- and the majority of legal
professionals work with integrity and honor. But lets consider a
fav facts.
The number of lawyers has almost doubled in the past 20
years. Would you believe the U.S. has more lawyers than West
Germany, Canada, England, Wales, Japan, Switzerland and France
more than
combined? well, we don't. No have of twice as many lawyers as all
Fant verify
those countries. And this year, more people will graduate from
debte
unby
law school than from engineering, medicine and computer programs
combined.
we
they
Tripacts
What do all these lawyers do? Lots of things. But
primarily, they sue. In the past 20 years, the number of
civil
more than
lawsuits filed often in federal courts?) has doubled. Today, the
Tabl
average case takes a year to be resolved -- and in the past year
go
alone -- the number of cases that were pending for 3 years,
increased by/15 nearly percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, and
represent yourself in court on the day the decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:32
PG.03
09/04/92 18:43 202 514 0468
ATTORNEY GENERAL
005
SENT BY:Xerex Telecopier 7020 : 8- 4-82 : 2:12PM ;
OPD-
202 514 0468;# 5
SENT BY:Xerex Telacopier 7020 : 8- 4-82 : 14:58 :
The White House-
OPD:# 5
4
study, American companies spend $200 billion dollars on direct
costs to lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they and up paying in
court settlements,
($200 billion sounds like a lot of money -- and believe ne,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.)
Now. all these numbers and stories are impressive, but you
might ask -- what does it mean to me? If you look around
Maukesha. Wisconsin, you'll ase examples -- of how the legal
crisis has crept into every crevice of our lives.
ABK back verry, comon or Pootball Spartans -- at
Brookfield High school.// Today, I'm told Jack and his team pay
about $150 bucks for every football helmet -- ten years age they
paid about a third of that. Why the price increase? Because 18
companies in 18 years have stopped selling helmets, because they
can't afford the insurance. (Before this is over, ve may go back
to the days of Jim Thorpe -- when people played football without
helmets. we will call that -- "progress.")
OF ask Nine Yakaus of Madison. Mike Is a CRA, and nd SAVE.
1 Debts
that so many peaple now sue accountants at the drop of a number.
many
that this year four out of ten accountants in Wiscohsin are going
areaus
without insurance. The rest? They just pass the extra cost on
to you their customers.
Stc justs
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:33
PG.04
09/04/92
18:43
202 514 0468
ATTORNEY GENERAL
SENT BY:Xerox Telecopier 7020 : 9- 4-92 : 2:13PM :
OPD-
202 514 0468:# 6
SENT BY:Xerox Talacopier 7020 ; 0- 4-82 : 14:59 ;
The White House-
OPD:# 8
You know the legal crisis has touched everyone -- when it
becomes a topic of discussion for one of the noted commentators
on the American scene. I'm not talking about Mike Royko or Ted
Koppal. I'm talking about Mulk Kogan.
My grandkids tell DO that in a movie last year -- Hulk Mogan
asks the bad guys if they are going to beat him up. And the bad
guys say -- "No, this is the nineties. We are going to sus you!"
What is America coming to? As a nation -- isn't it time
that ve sue each other less -- and GATS for sach other more?//
We are up against two problems really. The first is the
individual legal crisis -- crazy lawsuits against volunteers,
M
teachers, doctors, coaches.
I've put forward a comprehensive reform of our civil Justice
system -- complete with specific proposals to solve disputes
disrovery
outside of the courthouse, to speed the Logal process, to control
Toho
50 (dlled experts in pseudo [or junk sciences,
the use of Supert withesses, to control Mend outrageous punitive
except
experiment
with
damages. And I believe we should practice from our
with
friends in Britain -- and make the loser pay the winner's court
&
wards
fees. I have a feeling that would put & stop to people who just
"copy
use the courts as harassment -- an expensive equivalent of a car
horn.
not
But an equally and important problem is what we call
product
Don't johl
as a result
liability
the insurance businesses must pay/to to protect against
suits
suits,
damages caused by their products and services.
suppose
that ability
You might think we need that protection, and you're right
base
on
-- but the system is out of control.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:34
PG.05
09/04/92
18:44
202 514 0468
ATTORNEY GENERAL
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 ; 2:13PM :
OPD-
202 514 0488:# 7
SENT BY:Xerex Telecopier 7020 i 8- 4-92 ; 14:58 :
The White House-
OPD:# 7
Our current product liability system consonurs. orten harms
Does our current product liability system protect the
foul
consumer's interests. Not all at all. Instead, Ye pay higher
take
prices for everything from medicine to step ladders -- and
companies get discouraged from even coming up with new products
-
of Unanticipated wrinkles in
Their
- for fear they'll get sued because the new products are mater
innovation
than the old ones.
or
Well, what about people who are injured by a faulty product,
berav
can't verify
and get a court award -- don't they benefit? some do. But, -ogain more
Lopore
than half of all jury awards in product liability cases, ends up
Fast
in the pockets of lawyers, not regular people.
These rxiessive lawsuits
Gardin
Well, at least product idability Love keep us safer, right?
Again, the answer is no. In Europe, Volvo offers parents a
take
built-in child safety seat. You can't buy it here in the U.S.
The company doesn't want to deal with our laws.
out
Our current product liability system is expensive, unsafe,
and of benefit principally to
and it only benefits lawyers. But we could still afford this
/tohe
ness -- if we were back the 1950's -- and our workers and
companies faced no foreign competition.
Joul
Today, we don't have the luxury. Liability costs are 15
(an't Sovel
Lovel
times greater than that in Japan, and 20 times greater than that
verit
in Europe. our businesses -- especially our small businesses na
are staggering under a weight our competitors don't even carry.
The money we spend on legal explosion, is money ve don't
spend on training, education, research, investment. It means the
difference between no jobs for our kids -- and good jobs for our
Xide.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:35
PG.06
09/04/92
18:45
202 514 0468
ATTORNEY GENERAL
SENT BY:Xerox Telecopier 7020 : 9- 4-92 ; 2:14PM ; 1
OPD-
202 514 0468;# 8
SENT By:xerox Telecopier 7020 ; 8- 4-82 : 15:00 :
The White House-
OPD:# ID
Boyden
,
We have got to do something about this.
We have ideas to speed the legal process -- and settle more
on
cases out of sourt -- which will help averyone.
essentia
And we want to have one national product liability law/--
matters
instead of the confusing 50 (ones) we have today. We want to put
?
a cap on punitive damages .. which don't even exist outside the
want
U.S. and Great Britain. We to make it tougher for people
regastss
to sue everyone involved with a product for all the damages "3A
We
of
want to bring scze rationality to the system.
actual
The plan is pro-consumer, pro-business, pro-safety, and pro- Fault.
jobs. The experts agree with us.
so what's the problem? why do ve still face this crisis?
In a term, the Gridlock Congress.
I know you are sick of the blame-gane in Washington, but
keep this in mind. Many members of Congress were once trial
lawyers. (Being a radio D.J. is about the only better training
)
you can find.)
Like my opponent, Governor Clinton -- many members of
Congress get their campaign funds from trial lawyer
organizations. so in many Congressional offices -- the only
thing that gathers more attention than a TV camera ⑉⑉ is a lawyer
in tasselled loafers.
That's why product liability reform has been blocked. Not
just for my three and a half years in office, but for almost &
decade.
WHITE. HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:36
PG.07
09/04/92 18:45 R202 514 0468
ATTORNEY GENERAL
SENT BY:Xerox Telecopier 7020 1 9- 4-92 : 2:14PM 1
OPD-
202 514 0468:# 9
SENT BY:Xerox Telecopier 7020 ; 1- 4-82 ; 15:00 :
The White House
OPU:# w
8
But this week, we have & chance ⑉⑉ to make our workers more
The
competitive with the Japanese and the Germans.
unber
ml
Gout
Product liability reform will be up before the U.S. Senate.
And
It's passed the House as and we believe we have the votes -- to
how
pass the Senate.
there
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you to keep a
wound shut. But it's not. It's the number of votes it takes --
to stop debate in the U.S. Congress. (As you can imagine,
getting Congress to stop talking requires a little affort.)
Me're not sure we have the votes for cloture. And here's
the irony -- Congress may be able to stop the greatest legal
reform in a decade -- by using a legal loophole.
I need your help. I need & labor day present for the
American economy, and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of reading about crazy lawsuits. Tired
of high prices. Tired of unsafe products. Most of all, we're
tired of loosing jobs to the Europeans and the Japanese.//
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
By suing each other for avery insult every incrimination,
every injury ⑉⑉ we naively attempt to rid our world or risk.
Yes, we should not be reckless, but risk is part of life, part of
America.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:37
PG.01
09/04/92 18:46 C202 514 0468
ATTORNEY GENERAL
SENT BY:Xerex Telecopier 7020 : 9- 4-92 ; 2:15PM ;
OPD-
202 514 0468;#10
IVEV , " 4"0" I 10:07 i
ins white House-
OPD:#10
9
Think about it. As & nation we bring together people of
every color and every cread -- but all of us have the same
background in this respect. At some time, as our ancestors
looked at their lives and said -- lets take a risk, take a chance
on something also.
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appaal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compate in the world economy.
Wisconsin
lets
Thank you for listening. God bless Michigan. God Bless the
United States of America.
tablef
1
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:37
PG.02
Document No. 348655ss
WHITE HOUSE STAFFING MEMORANDUM
92 SEP 4 P8:31
DATE: 9/4/92
ACTION/CONCURRENCE/COMMENT DUE BY: TODAY, 9/4 5
PRESIDENTIAL REMARKS: WAUKESHA COUNTY PICNIC
SUBJECT:
WAUKESHA, WISCONSIN - SUNDAY, 9/6
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCBRIDE
BAKER
MOORE
SCOWCROFT
MULLINS
DARMAN
PETERSMEYER
BATES
PORTER
BRADY
PROVOST
BROMLEY
ROSS
CALIO
SMITH
DEMAREST
TUTWILER
FITZWATER
ZOELLICK
GRAI
KAUFMAN
HOLIDAY
MCGROARTY
HORNER
BOSKIN
REMARKS:
Please forward your comments directly to Dan McGroarty, Rm. 122, x2930,
no later than 5:00 p.m., TODAY, FRI. SEPT. 4, with a copy to this
office. Thank you.
RESPONSE:
Comments attached
PHILLIP D. BRADY
the changes on HP 5-7 an
Assistant to the President
and Staff Secretary
Evt
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:38
PG.03
Provost/Bunton
2 SEP if P2: 18
Presidential Remarks
Waukesha County Picnic
Waukesha Wisconsin
Sunday, Sept. 6, 1992
Thank you Governor Tommy Thompson.
Today is Labor Day -- and it is traditional to give a
flowery oration -- full of praise of all those who punch a clock
for a living.
But I'm not going to do that today. This is an uncertain
time for all our American workers. Our economy is undergoing a
global transition -- and we are feeling the impact in our
workplaces -- in our homes.
You deserve more than talk from your political leaders, you
need answers. Answers to the most pressing question before
America today -- how can we guarantee that we will remain not
just a military superpower -- but an export superpower, and an
economic superpower. 11
I have an agenda for action to win the global economic
competition -- the same way we won the Cold War. 11 We need to
revolutionize our schools, fix our health care system, provide
incentives for saving and investment, strengthen the American
family, and give you relief from a government that spends too
much -- and takes too much of your money 11
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:39
PG.04
2
But this afternoon, I want to have a serious discussion --
about another roadblock that must be cleared from the path of
America's economic progress.
This roadblock is made not of granite and stone, but paper -
-legal memos and briefs and decisions -- piled so high that they
block our efforts to create new jobs for you and our kids.
Now, if you're like me, one of the first things you do every
morning is sit down and read the newspaper. (When you work in
politics, you start with Garfield, then work your way to the
other stuff up front).
Like you -- I'll occasionally see a story that makes me stop
and say -- "huh?"
Like the woman who was on an Eastern Airline flight, when
the pilot came over the intercom, warning passengers to prepare
for a possible crash landing. The pilot landed the jet safely,
but the woman sued the airlines for millions of dollars anyway.
She claimed the mere warning of a crash had caused her -- and I
quote -- "psychic agony."
or maybe some of you remember the story about the basketball
referee, who made a controversial call at the buzzer of a Purdue-
Iowa basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that high demand. So what did the company do? They sued the
referee. Sound absurd? The case ended up before the State
Supreme Court.
WHITE.HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:40
PG.05
3
These stories may make us chuckle, but they make me worry.
Worry that our nation is in the grips of a litigation explosion -
- and it's impact is being felt everywhere.
oux
Let me be clear -- I have nothing against lawyers. They are
an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But lets consider a
few facts.
The number of lawyers has almost doubled in the past 20
years. Would you believe the U.S. has more lawyers than West
Germany, Canada, England, Wales, Japan, Switzerland and France
combined? Well, we don't. We have twice as many lawyers as all
those countries. And this year, more people will graduate from
law school than from engineering, medicine and computer programs
combined.
Howard
What do all these lawyers do? Lots of things. But
OUP should (50hn ansure
Undrimarily, they sue. In the past 20 years, the number of
Tawsuits (filed in federal courts?) has doubled. Today, the
the
average case takes a year to be resolved -- and in the past year
alone -- the number of cases that were pending for 3 years,
increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, and
represent yourself in court on the day the decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:41
PG.06
4
study, American companies spend $200 billion dollars on direct
costs to lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.)
Now, all these numbers and stories are impressive, but you
might ask -- what does it mean to me? If you look around
Waukesha and Wisconsin, you'll see examples -- of how the legal
crisis has crept into every crevice of our lives.
Sootball
Ask Jack Perry, Coach of football Spartans at East
Brookfield High school. 11 Today, I'm told Jack and his team pay
realth
about $150 bucks for every football helmet -- ten years ago they
paid about a third of that. Why the price increase? Because 18
companies in 18 years have stopped selling helmets, because they
can't afford the insurance. (Before this is over, we may go back
to the days of Jim Thorpe -- when people played football without
helmets. We will call that -- "progress.")
or ask Mike Yaktus of Madison. Mike is a CPA, and he says
that so many people now sue accountants at the drop of a number,
that this year four out of ten accountants in Wisconsin are going
without insurance. The rest? They just pass the extra cost on
to you -- their customers.
WHITE.HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:42
PG.01
5
You know the legal crisis has touched everyone -- when it
becomes a topic of discussion for one of the noted commentators
on the American scene. I'm not talking about Mike Royko or Ted
Koppel. I'm talking about Hulk Hogan.
My grandkids tell me that in a movie last year -- Hulk Hogan
asks the bad guys if they are going to beat him up. And the bad
guys say -- "No, this is the nineties. We are going to sue you!"
What is America coming to? As a nation -- isn't it time
that we sue each other less -- and care for each other more? /
We are up against two problems really. The first is the
individual legal crisis -- crazy lawsuits against volunteers,
teachers, doctors, coaches.
I've put forward a comprehensive reform of our Civil Justice
System -- complete with specific proposals to solve disputes
outside of the courthouse, to speed the legal process, to control
the use of expert witnesses, to control outrageous punitive
damages. And I believe we should copy a practice from our
oux
friends in Britain -- and make the loser pay the winner's court
fees. I have a feeling that would put a stop to people who just
use the courts as harassment an as expensive equivalent substitute of for a car
take
horn.
1
out
But an equally important problem is what we call -- product
(count awards that
liability the insurance businesses must pay to for protect against
table
damages caused by their products and services.
You might think -- we need that protection, and you're right
-- but the system is out of control.
WHITE. HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:42
PG.02
Even as a one, 1000
cavalier, and I'm not same
people mill get it
But
Re reality of our courself product liability system is that
Does our current product liability system protect the
we
consumer's interests. Not all at all. Instead, 08 we pay higher
prices for everything from medicine to step ladders -- and
companies get discouraged from even coming up with new products -
- for fear they'll get sued because the new products are safer
than the old ones
Well, what about people who are injured by a faulty product,
again realitying the
that
and get a court award -- don't they benefit? Some do. But, more
than half of all jury awards in product liability cases ends up
go into
an the pockets of lawyers, not regular people.
Well, at least product liability laws keep us safer, right?
job
Again, the answer is no. In Europe, Volvo offers parents a
OUT
built-in child safety seat. You can't buy it here in the U.S.
The company doesn't want to deal with our laws.
Our current product liability system is expensive, unsafe,
and it only benefits lawyers. But we could still afford this
tohe
mess -- if we were back the 1950's 66 and our workers and
companies faced no foreign competition.
Today, we don't have the luxury. Liability costs are 15
times greater than that in Japan, and 20 times greater than that
in Europe. Our businesses -- especially our small businesses --
take
are staggering under a weight our competitors don't even carry.
The money we spend on legal explosion costs is money we don't
spend on training, education, research, investment. It means the
jobe
difference between no jobs for our kids -- and good jobs for our
kids.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:43
PG.03
jole
7
We have got to do something about this.
We have ideas to speed the legal process -- and settle more
cases out of court -- which will help everyone.
a
that
my
me
And we want to have one national product liability law
on
proposed
would name never
instead of the confusing 50 (ones) We have today. We want to put s
a cap on punitive damages -- which don't even exist outside the
Joint and
want
reveral
U.S. and Great Britain. We won to make it tougher for people
unlish
Late ust of prod, laws curbony
to sue everyone involved with a product, for all the damages. We
is concept a WE
want to bring some rationality to the system.
conney
their excesses
The plan is pro-consumer, pro-business, pro-safety, and pro-
a spee
jobs. The experts agree with us.
So what's the problem? Why do we still face this crisis?
word
In a term, the Gridlock Congress.
looke
phose DULY
I know you are sick of the blame-game in Washington, but
keep this in mind. Many members of Congress were once trial
lawyers. (Being a radio D.J. is about the only better training
you can find.)
Like my opponent, Governor Clinton -- many members of
Congress get their campaign funds from trial lawyer
organizations. So in many Congressional offices -- the only
thing that gathers more attention than a TV camera -- is a lawyer
in tasselled loafers.
That's why product liability reform has been blocked. Not
just for my three and a half years in office, but for almost a
decade.
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:44
PG.01
8
But this week, we have a chance -- to make our workers more
competitive with the Japanese and the Germans.
Product liability reform will be up before the U.S. Senate.
It's passed the House -- and we believe we have the votes
to
pass the Senate.
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you to keep a
wound shut. But it's not. It's the number of votes it takes --
to stop debate in the U.S. Congress. (As you can imagine,
getting Congress to stop talking requires a little effort.)
We're not sure we have the votes for cloture. And here's
the irony -- Congress may be able to stop the greatest legal
reform in a decade -- by using a legal loophole.
I need your help. I need a Labor Day present for the
/caps
American economy, and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of reading about crazy lawsuits. Tired
of high prices. Tired of unsafe products. Most of all, we're
tired of loosing jobs to the Europeans and the Japanese. //
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
By suing each other for every insult, every incrimination,
every injury -- we naively attempt to rid our world of risk.
Yes, we should not be reckless, but risk is part of life, part of
lague
America.
of
and there we 8 hould be
compensated when
comeine inflicts wrongly
WHITE HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:45
PG.01
9
Think about it. As a nation we bring together people of
every color and every creed -- but all of us have the same
background in this respect. At some time, as our ancestors
ship
looked at their lives they and said -- lets take a risk, take a chance
is
on something else.
But what would have happened - -- if Columbus had sued the
tried sailmakers to win of the Santa Maria? What if immigrants in 1903 Ve had
pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people - -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
Thank you for listening. God bless Wisconsm Michigan. God Bless the
Occur
United States of America.
lets
tabl
# # #
eh
WHITE COMMCTR URC-112
SAT 05 SEP 92 21:46
PG.02
5 Sept. 1992\
TO STEVE PROVOST
somewhere on the campaign trial, USA
FROM JBunton
Steve:
Here's a great example to illustrate --- "Dad's won't coach
little league anymore" language --- here's why:
"in 1982 a Little League Coach in Runnemede, NJ was sued by the
family of a child hit in the eye by a misjudged flyball. Lawyers
for the family argued that the 10-year-old was a natural
shortstop, and the coach had been negligent in repositioning him
to the outfield. After 2 years of haggling, the case was settled
for $25,000."
From article: "A Thousand Points of Fright" -- reprinted in Feb.
91 Insurance Review. by David O. Weber
Also hre is legal reform as went to Zoellick -- with your edits
and info you request I find and add
JOSH BOLTEN just phoned to say "This year GORE voted against
product liability twice -- once in committee and again on Senate
floor. Also suggested Oppo should look into how much Gore got
from trial lawyers for his re-election campaigns
ONE MORE TIME
IN CASE you
DIDN'T GET THIS
YET
JB
WHITE-HOUSE COMMCTR URC-112
SAT 05 SEP 92 21:47
PG.03
1001 Nineteenth Street North
PLCC
Suite 800
Product Liability Coordinating Committee
Arlington, Virginia 22209
(703) 276-5045
Fax (703) 276-5024
THIS
John J. Castellani. Chairman
mitted to Fair Federal Product Liability Reform
William D Foy. Executive Director
HIGHLIGHTS OF TESTIMONY BEFORE THE
SENATE SMALL BUSINESS COMPETITION SUBCOMMITTEE
NOVEMBER 7, 1991
"The tangled web of 50 different laws on product
liability threatens this innovative spirit among small
his.
business owners. There is too much uncertainty for
businesses operating in or attempting to break into the
smom
national marketplace. Potential liability is
unpredictable once a product enters interstate commerce. "
:
the Will-Burt Corporation of Orville, Ohio was
forced to close plants and lay off 80 workers because
prod.
the company stopped making parts for ladders, scaffolds,
and aircraft -- products that encountered potential
liabity
liability costs
the Chief Executive Officer of the
Will-Burt Corporation
emphasized to me that product
liability reform is not just a good idea for the
purposes of increasing small business profits -- it's a
necessity for small business survival.
"The threat of liability cannot be underestimated
what
it will do is make further innovation in a product line
less appealing."
R. Wendell Moore
Acting Chief Counsel for Advocacy
U.S. Small Business Administration
"Small businesses are active suppliers to the lead firms
in the automobile, aircraft, and pharmaceutical
industries
to the extent that lead companies are
harmed by liability problems, then the supplier firms to
these industries, which are largely small firms, are
definitely injured." "
American Mining Congress
The Business Roundtable
U.S. Chamber of Commerce
Chemical Manufacturers Association
Coalition for Uniform Product Liability Law
9/5
Fn 2:20 Don McGranta /Shff Leasely
pm
Provost/Bunton v/ DMENTS
Sept. 5, 1992 / 12:30 p.m.
Pls jet 1, Steve This Project m AFI
Presidential Remarks
Waukesha County Picnic
Waukesha Wisconsin
28Y
many Sunday Sept. 7 6, 1992 -1000AM
Thank you Governor Tommy Thompson.
Today is Labor Day -- the day we honor American workers --
the most productive men and women in the entire world.
So today, I want to talk to you about a problem that affects
you and every other worker -- our crazy, out-of control - legal
system.
A serious discussion about legal reform may seem a little
odd as a topic for a picnic. But I think you deserve more than
talk from your political leaders -- you need answers. Answers to
the most pressing question before America today -- how can we
guarantee that we will remain not just a military superpower --
but an export superpower, and an economic superpower. //
As I see it, our current legal system is a roadblock that
must be cleared from the path of America's economic progress.
Let me start by talking about a famous American enforcer of
justice. I don't mean Oliver Wendell Holmes or John Marshall.
I mean someone more famous than that. I mean -- Hulk Hogan. //
My grandkids tell me that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys. Only
the bad guys refused to fight Hulk. Instead they said, "this is
2
the nineties -- we're not going to fight you. We are going to
sue you. "
I fear that one statement, sums up a lot of what is
troubling America today.
Pick up the newspaper, the stories roll out at you.
Like by the now famous story about the basketball referee,
who made a controversial call at the buzzer of a Purdue-Iowa
basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that much demand. So what did the company do? They sued the
referee. Sound crazy? It took two years, and a lot of money,
before the case was dismissed by the State Supreme Court.
Are these crazy legal stories just intended to give us
something to make our friends chuckle at backyard barbecues. I
don't think so. It's much more serious than that.
Look around here in Wisconsin, right here in Waukesha.
Anybody here cheer for the football Spartans -- of East
Brookfield High School?// I'm told Coach Jack Perry and his team
now pay almost $150 bucks for every football helmet -- 10 years
ago they paid about a third of that. Why the price increase?
Because over the past 18 years, 18 American companies have
stopped selling football helmets -- because they can't afford the
insurance.
(Before this is over, we may go back to the days of
Jim Thorpe -- when people played football without helmets. Is
that progress?)
Ross
3
Now, Waukesha and Wisconsin aren't unique -- except in their
physical beauty. This kind of thing is happening every day in
every town across America. And we are all paying the price.
Now understand, this is not a criticism of lawyers. They
are an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But the good
lawyers will tell you, the system is out of control.
In the past 20 years, the number of lawsuits (filed in
federal courts) has doubled. Today, the average case takes a
year to be resolved -- and in the past year alone -- the number
of cases that were pending for 3 years, increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, pass
the bar, and then represent yourself in court on the day the
decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
legal services
[Porter
study, Americans spend $200 billion dollars on direct costs to
lawyers. Keep in mind, that doesn't even count the
lawyers on company their payrolls, or the money they end up paying in
[Proter
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.) To me that's crazy. As a nation, I believe it's high
4
time, that we started suing each other less, and caring for each
other more.//
That is why I have sent Congress a comprehensive legislation
to reform our Civil Justice System. It is complete with specific
proposals. We want to solve more disputes early -- before they
get dragged into the courtroom.// We want to speed the legal
process -- there is no reason anyone can go through law school
faster than it takes a court to reach a verdict. We want to put
a lid on outrageous punitive damages, that strike terror into
Chk
every mom and dad who wants to coach their kids football team. 11
Aportment
And here's one big idea. I believe we should sept a adopt practice
in appropriate cases
Porter
from our friends in Britain -- and make the loser pay the
winner's court fees. You think that T-shirt company would have
sued that referee -- if they'd known they'd end up footing his
legal bills?//
This is one part of the crisis in our civil justice system -
-
what we call civil justice. But we also need change in our
product liability laws. These are the laws that are supposed to
allow people to be compensated for harm caused to them by a
defective product. That's an important right/and I am all for
it. People ought to receive fair compensation when a product is
defective and they get hurt.
But like so much of our civil justice system, product
liability has careened out of control.
Let me give you an example of what I'm talking about: The
New
Will-Burt Corporation of Orville, Ohio stopped making parts for
not
reviewee
5
ladders, scaffolds, and aircraft -- because the products
""tatfing
encountered potential liability costs. But the workers paid an
even higher price -- the company was forced to close plants and
lay off 80 employees.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crazy lawsuits, and
outrageous awards. The cost of defending these lawsuits has
escalated. A lot of trial lawyers bring lawsuits, knowing that
it is cheaper for companies to settle the case than to pay their
own lawyers to defend them through trial. And the cost of
insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
It's worse than that. We've never seen a lot of good
products -- because companies are afraid of liability.
In Europe, for example, Volvo offers parents a car seat --
built right in the car. You can't buy one in the U.S. today --
and may never be able to. No company wants to deal with our
laws.
Not
And if you're in Europe, and you suffer from AIDS, you can
in
get medical treatment you can't get in the United States.
staffing
Medical companies are afraid of the liability.
But it's all worth it right, because when someone does get
hurt, they can a big settlement? Again, that's not what's
6
happening. More than half of all the money awarded by juries in
product liability cases, goes not to the injured party, but to
the lawyers. Think about that. More than half of all the awards
-- ends up in the pockets of Breeks Brothers bults. lawyers. McGrath
But here's the real problem. Our product liability system
Confee
is killing our economic competitiveness.
Liability costs are 15 times greater than that in Japan,
and 20 times greater than that in Europe. Our businesses --
especially our small businesses -- are staggering under a weight
our competitors don't even carry.
Every dollar we spend around a courtroom, is a dollar we
won't spend on training, education, research, investment. It
will be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this -- if we want our kids to
have job Luckily, Senator Bob Kasten understands this. He has
been the fighter to change the system.
Bob has put forth a plan -- which I have endorsed -- to
speed the legal process -- and settle more cases out of court --
Connsel
Commut.
which will help everyone.
greater
We want uniformity in product liability law A instead of
the confusing similar 51 separate standards we have today We want
have
the same rules for damages from one state to the next. We
want to bring some rationality to the system.
These changes were made by
phone w/ Counsel on Saturday
@ 3:45p.m
(McGrath)
10ml
7
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
our workers get a leg up on other workers.
So what's the problem? Why do we still face this crisis?
Bob Kasten will tell you the problem. The Gridlock Congress.
I know you are sick of the blame-game in Washington, but we
can't ignore the facts.
Like my opponent, Mr. Clinton -- many members of Congress
get their campaign funds from trial lawyer organizations. Here's
orginent
what one Arkansas trial lawyer wrote about him trying to raise
money for the Clinton campaign: "I can never remember an
occasion where he failed to do what was right where we trial
fn appoint
lawyers are concerned." So in many Congressional offices -- the
only thing that gathers more attention than a TV camera -- is a
lawyer in tasselled loafers with a check in hand.
That's why product liability reform has been blocked, for
almost two decades. In fact, trial lawyers' money has prevented
product liability from ever coming to a full vote.
But this very week, we have a chance -- to stop undermining
our American workers.
Product liability reform will be up before the U.S. Senate.
We believe we have the votes -- to pass the Senate.
legal
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you after you
cut your knee. But it's not. It's the number of votes it takes
to stop long-winded debate in the U.S. Congress. (As you can
t
the trial langer,
2
8
imagine, getting Congress to stop talking about anything requires
some effort. In fact, it takes more votes to get them to stop
talking -- than to pass a bill.)
un on scoll +
While we have a majority of the Senate we're not sure we
So
have the extra votes for cloture. And here's the irony --
Congress may be able to stop the most-needed legal reform in a
decade -- by using a legal loophole.
Bob Kasten doesn't want that to happen -- and neither do I.
I'l
I.rs
to
wrap
I need a Labor Day present for the American economy, and for the
jobs of the future.
Stet
10
I need you to get on the phone and let Congress know, the
American people are tired of paying for crazy lawsuits. Tired of
high prices. Tired of unsafe products. Most of all, we're tired
of losing jobs to foreign competitors. 11
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
[Revised conclusion]
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
9
Thank you for listening. God bless Wisconsin. God bless
the United States of America.
# # #
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR RON KAUFMAN
FROM:
WALTER WHITE
SUBJECT:
WAUKESHA COUNTY GOP PICNIC
You should be aware of the fact that while you have the
dais particpants list, there are a host of VIP's in the audience
who you might want the President to know about.
1)
Lt. Governor Scott McCallum
2)
State Treasurer Cate Zueske
3)
GOP State Chairman David Opitz
4)
National Committeeman Mike Grebe
5)
National Committeewoman Mary Buestra
6)
Waukesha County GOP Chairman Margaret Olson
7)
Waukesha County B/Q Chairman Mary Posko
8)
Mr. Joe Cook, Candidate for Congress 4th District
September 4, 1992
WISCONSIN GOP WAUKESHA COUNTY PICNIC
DATE:
Monday, September 7, 1992
TIME:
10:00 a.m.
LOCATION: Waukesha County Exposition Grounds
FROM:
Ronald C. Kaufman
I.
PURPOSE
To greet and thank supporters from Waukesha County and
southeastern Wisconsin.
II. BACKGROUND
Approximately 5,000 Republican supporters are expected to be
in attendance at this picnic which is sponsored by the
Waukesha County Republican Party. Supporters have gathered
from Waukesha County and the surrounding area.
This picnic will have a host of entertainment including a
country western band, a barbershop quartet, square dancers
and the St. John's Academy Military Band.
Waukesha County is one of the most Republican counties in
the state. It is predominately agricultural with a slight
mixture of manufacturing.
III. PARTICIPANTS
The President
Mrs. Bush
Senator Bob Kasten
Governor Tommy Thompson
Congressman Jim Sensenbrenner
Former Governor Lee Sherman Dreyfus, Master of Ceremonies
Approximately 5,000 local Republican supporters.
IV. SEQUENCE OF EVENTS
See Advance Office Schedule for details.
V.
PRESS PLAN
Open.
VI. REMARKS
OH:
MArtha Moore, NATIONAL committeenoman
Bob Bennett: state chairman
Mike DeWiNe, Lt. Gov.
Bob Gardner, CANT for Congress.
PAINESVILLE, OHIO
Bob Bennett, State Party Chairman
LOUISVILLE, KENTUCKY
Senator Mitch McConnell
Congressman Jim Bunning
Congressman Hall Rogers
David Williams, Candidate for U.S. Senate
Susan Stokes, Candidate for Congress (CD3)
Bob Gable, State party Chairman
MEMORADNUM FOR DAN MCGRORARTY
FROM:
WALTER WHITE
SUBJECT:
ACKNOWLEDGEMENTS FOR LABOR DAY TOUR
To the best of our understand, the following individuals will be
present at the following events for acknowledgements should you
choose to include them.
HAMTRAMCK LABOR DAY POLISH PARADE
HAMTRAMCK, MICHIGAN
Mayor Robert Kozaran, Mayor of Hamtramck
Governor John Engler
Paul Odrobina, President, President, Polish American Congress
Michigan Division
Mr. Ted Koltowicz, Parade Chairman
Mr. Walter Budweil, Grand Marshal
Mr. Donald Horkey, Master of Ceremonies
Dave Doyle, State Chairman, Michigan GOP
MACKINAC BRIDGE REMARKS
Governor John Engler
Lt. Governor Connie Binsfeld
Dave Doyle, State GOP Chairman
Mr. Phil Ruppe, Candidate for Congress
St. Senator George McManus
Shannon Brower, Candidate for St. Rep.
Mayor of St. Ignac
Mayor of Mackinac City
CHICAGO, ILLINOIS
Secretary of Veteran's Affairs Edward Derwinski
Governor Jim Edgar
Rich and Jane Williamson
Jack O'Malley, Cook County State's Attorney
Lou Kasper, City of Chicago Republican Chairman
George Ryan not in attendnace.
No Congressman present.
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:41
PG.07
WHITE HOUSE
SITUATION ROOM
PRECEDENCE:
IMMEDIATE
RELEASER: InRy
PRIORITY
ROUTINE
DTG: 0516594
MESSAGE NO. 10
CLASSIFICATION UNCLASS
PAGES 11
FROM JBUNTON
7750 Phone Number)
111.5
(Name)
(Room No.)
MESSAGE DESCRIPTION
LEGAL REFORM WAUKESHA
LOCATION
DELIVER TO
GREENVILLE
STEVE PROVOST
CHRISTINA MARTIN)
Photocopy-Preservation
REMARKS: READ MEMO AND
CITATION OF PROD. LIABILITY
IMPACT ON SM. BIS -
ATTACHED CATER B
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:42
PG.08
READ
5 Sept. 1992\
TO STEVE PROVOST
somewhere on the campaign trial, USA
FROM JBunton
Steve:
Here's a great example to illustrate - "Dad's won't coach
little league anymore" language --- here's why:
"in 1982 a Little League Coach in Runnemede, NJ was sued by the
family of a child hit in the eye by a misjudged flyball. Lawyers
for the family argued that the 10-year-old was a natural
shortstop, and the coach had been negligent in repositioning him
to the outfield. After 2 years of haggling, the case was settled
for $25,000."
From article: "A Thousand Points of Fright" -- reprinted in Feb.
91 Insurance Review. by David O. Weber
Also hre is legal reform as went to Zoellick -- with your edits
and info you request I find and add
JOSH BOLTEN just phoned to say "This year GORE voted against
product liability twice -- once in committee and again on Senate
floor. Also suggested Oppo should look into how much Gore got
from trial lawyers for his re-election campaigns
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:43
PG.09
Provost/Bunton
Sept. 5, 1992 / 12:30 p.m.
Presidential Remarks
Waukesha county Picnic
Waukesha, Wisconsin
Sunday, Sept. 6, 1992
Thank you Governor Tommy Thompson.
Today is Labor Day -- the day we honor American workers --
the most productive men and women in the entire world.
so today, I want to talk to you about a problem that affects
you and every other worker -- our crazy, out-of control - legal
system.
A serious discussion about legal reform may seem a little
odd as a topic for a picnic. But I think you deserve more than
talk from your political leaders -- you need answers. Answers to
the most pressing question before America today -- how can we
guarantee that we will remain not just a military superpower --
but an export superpower, and an economic superpower. 11
As I see it, our current legal system is a roadblock that
must be cleared from the path of America's economic progress.
Let no start by talking about a famous American enforcer of
justice. I don't mean oliver Wendell Holmes or John Marshall.
I mean someone more famous than that. I mean -- Hulk Hogan., 11
My grandkids tell me that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys. Only
the bad guys refused to fight Hulk. Instead they said, "this is
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:44
PG.
2
the nineties -- we're not going to fight you. We are going to
sue you."
I fear that one statement, sums up a lot of what is
troubling America today.
Pick up the newspaper, the stories roll out at you.
Like by the now famous story about the basketball referee,
who made a controversial call at the buzzer of a Purdue-Towa
basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that Weren't in
all that much demand. So what did the company do? They sued the
referee. Sound crazy? It took two years, and a lot of money,
before the case was dismissed by the State supreme Court.
Are these crazy legal stories just intended to give us
something to make our friends chuckle at backyard barbecues. I
don't think SO. It's much more serious than that.
Look around here in Wisconsin, right here in Waukesha.
Anybody here cheer for the football Spartans -- of East
Brookfield High School?// I'm told Coach Jack Perry and his team
now pay almost $150 bucks for every football helmet -- 10 years
ago they paid about a third of that. why the price increase?
Because over the past 18 years, 18 American companies have
stopped selling football helmets -- because they can't afford the
insurance. (Before this is over, we may go back to the days of
Jim Thorpe -- when people played football without helmets. Is
that progress?)
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:45
PG.11
3
Now, Waukesha and Wisconsin aren't unique -- except in their
physical beauty. This kind of thing is happening every day in
every town across America. And we are all paying the price.
Now understand, this is not a criticism of lawyers. They
are an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But the good
lawyers will tell you, the system is out or control.
In the past 20 years, the number of lawsuits (filed in
federal courts) has doubled. Today, the average case takes a
year to be resolved -- and in the past year alone -- the number
of cases that were pending for 3 years, increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, pass
the bar, and then represent yourself in court on the day the
decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
study, Americans spend $200 billion dollars on direct costs to
lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.) To me that's crazy. As a nation, I believe it's high
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:46
PG. 12
4
time, that we started suing each other less, and caring for each
other more.//
That is why I have sent Congress a comprehensive legislation
to reform our Civil Justice System. It is complete with specific
proposals. We want to solve more disputes early before they
get dragged into the courtroom./ HE -- apriad the legal
process -- there is no reason anyone can go through law school
faster than it takes a court to reach a verdict. We want to put
a lid on outrageous punitive damages, that strike terror into
every mom and dad who wants to coach their kids football team. 11
And here's one big idea. I believe we should copy a practice
from our friends in Britain -- and make the loser pay the
winner's court fees. You think that T-shirt company would have
sued that referee -- if they'd known they'd end up footing his
legal bills?//
This is one part of the crisis in our civil justice system -
- what we call civil justice. But we also need change in our
product liability laws. These are the laws that are supposed to
allow people to be compensated for harm caused to them by a
defective product. That's an important right and I am all for
it. People ought to receive fair compensation when « product is
defective and they get hurt.
But like so much of our civil justice system, product
liability has careened out of control.
Let me give you an example of what I'm talking about: The
Will-Burt Corporation of Orville, Ohio stopped making parts for
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:47
PG.
5
ladders, scaffolds, and aircraft -- because the products
encountered potential liability costs. But the workers paid an
even higher price -- the company was forced to close plants and
lay off 50 employees.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crazy lawsuits, and
outrageous awards. The cost of defending these lawsuits has
escalated. A lot of trial lawyers bring lawsuits, knowing that
it is cheaper for companies to settle the case than to pay their
own lawyers to defend them through trial. And the cost of
insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
It's worse than that. We've never seen a lot of good
products -- because companies are afraid of liability.
In Europe, for example, Volvo offers parents a car scat --
built right in the car. You can't buy one in the U.S. today --
and may never be able to. No company wants to deal with our
laws.
And if you're in Europe, and you suffer from AIDS, you can
get medical treatment you can't get in the United States.
Medical companies are afraid of the liability.
But it's all worth it right, because when someone does get
hurt, they can a big settlement? Again, that's not what's
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:48
PG.
6
happening. More than half of all the money awarded by juries in
product liability cases, goes not to the injured party, but to
the lawyers. Think about that. More than half of all the awards
-- ends up in the pockets of Brooks Brothers suits.
But here's the real problem. Our product liability system
is killing our economic competitiveness.
Liability costs are 15 times greater than that in Japan,
and 20 times greater than that in Europe. our businesses --
especially our small businesses -- are staggering under a weight
our competitors don't even carry.
Every dollar we spend around a courtroom, is a dollar we
won't spend on training, education, research, investment. It
will be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this -- if we want our kids to
have job. Luckily, Senator Bob Kasten understands this. He has
been the fighter to change the system.
Bob has put forth a plan -- which I have endorsed -- to
speed the legal process -- and settle more cases out of court --
which will help everyone.
We want uniformity in product liability law -- instead of
the confusing 51 separate standards we have today. We want to
have the same rules for damages from chise to the noxt. We
want to bring some rationality to the system.
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:49
PG.15
7
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
our workers get a leg up on other workers.
So what's the problem? Why do we still face this crisis?
Bob Kasten will tell you the problem. The Gridlock Congress.
I know you are sick of the blame-game in Washington, but we
can't ignore the facts.
Like my opponent, Mr. Clinton - many members of Congress
get their campaign funds from trial rawyer
what one Arkansas trial lawyer wrote about him -- trying to raise
money for the Clinton campaign: "I can never remember an
occasion where he failed to do what was right where we trial
lawyers are concerned." So in many Congressional offices -- the
only thing that gathers more attention than a TV Camera --- is a
lawyer in tasselled loafers with a check in hand.
That's why product liability reform has been blocked, for
almost two decades, In fact, trial lawyers' money has prevented
product liability from ever coming to a full vote.
But this very week, we have a chance -- to stop undermining
our American Workers.
Product liability reform will be up before the U.S. Senate.
We believe we have the votes -- to pass the Scnate.
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you after you
out your knee. But it's not. It's the number of votes it takes
--to stop long-winded debate in the U.S. Congress. (As you can
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:50
PG. 16
8
imagine, getting congress to stop talking apout anything requires
SOME effort. In fact, it takes more votes to get them to stop
talking -- than to pass a bill.)
While we have a majority of the Senate, we're not sure we
have the extra votes for cloture. And here's the irony --
Congress may be able to stop the most-needed legal reform in a
decade -- by using a legal loophole.
Bob Rasten doesn't want that to happen -- and neither do I.
I need a Labor Day present for the American economy, and for the
jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of paying for crazy lawsuits. Tired of
high prices. Tired of unsafe products. Most of all, we're tired
of losing jobs to foreign competitors. 11
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
[Revised conclusion)
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
WHITE HOUSE COMMOTR
SAI 05 SEP 92 17:51
PG.17
9
Thank you for listening. God bless Wisconsin. God bless
the United States of America.
# # #
WHITE HOUSE COMMCTR
SAT 05 SEP 92 17:51
PG. 18
1001 Nineteenth Street Nom
PLCC
Suite 600
Product Liability Coordinating Committee
Artington, Virginia 22209
(703) 276-5045
Fox (703) 276-5024
John J Castellant Chairman
mitted to Fair Federal Product Liability Reform
William D Foy. Executive Director
HIGHLIGHTS OF TESTIMONY BEFORE THE
SENATE SMALL BUSINESS COMPETITION SUBCOMMITTEE
NOVEMBER 7, 1991
"The tangled web of 50 different laws on product
SMALL COTE
liability threatens this innovative spirit among small
business owners. There is too much uncertainty for
businesses operating in or attempting to break into the
SMALL
national marketplace. Potential liability is
:
unpredictable once a product enters interstate commerce.
the Will-Burt Corporation of Orville, Ohio was
forced to close plants and lay off 80 workers because
the company stopped making parts for ladders, scaffolds,
and aircraft -- products that encountered potential
liability costs the Chief Executive Officer of the
Will-Burt Corporation
emphasized to me that product
liability reform is not just a good idea for the
purposes of increasing small business profits -- it's a
necessity for small business survival."
"The threat of liability cannot be underestimated what
it will do is make further innovation in a product line
less appealing."
R. Wendell Moore
Acting Chief Counsel for Advocacy
U.S. Small Business Administration
"Small businesses are active suppliers to the lead firms
in the automobile, aircraft, and pharmaceutical
industries to the extent that lead companies are
harmed by liability problems, then the-cupplier firms to
these industries. which are largely small firms, are
definitely injured."
American Mining Congress The Business Roundisble U.S. Chamber of Commerce Chemical Manufacturers Association Coalition for Undorm Product Liability Law
National Federation of Independent Business
National Association of Manufacturers
The Product Liability Alliance
WHITE HOUSE COMMCTR URC- 112
SUN 06 SEP 92 18:31
PG.01
WHITE HOUSE
SITUATION ROOM
PRECEDENCE: IMMEDIATE
RELEASER: ENPy
PRIORITY
ROUTINE
DTG: 06 1750 55P 92
64
MESSAGE NO. DX
CLASSIFICATION UNCLASS
PAGES 5
FROM J BUNTON
7750
111.5
(Name)
(Phone Number)
(Room No)
MESSAGE DESCRIPTION
STUFF FOR WAUKESHA
LOCATION
DELIVER TO
AF 1
CHRISTINA MARTIN
"
Photocopy-Preservation
REMARKS: SQ as you GET THE GAME
BALL? SEE you ROUND LIKE A
DONUT IF you DON'T THEN SQUARE.
HEY D MELLILD HEAD -
:
JB
WHITE HOUSE COMMCTR URC-112
SUN 06 SEP 92 18:32
PG.02
6 SEPTEMBER 1992 11 1:30 PM
MEMORANDUM FOR CHRISTINA MARTIN
FROM:
JEANNIE BUNTON X
SUBJECT:
LEGAL REFORM / STATUS FROM THIS END
//
GENE SCALIA NOT AROUND // J. SCHMITZ ASKED MARK PAOLETTA TO LOOK
OVER DRAFT.
MARK ASKED FOR COPIES OF AND I HAVE PROVIDED:
LATEST VERSION OF SPEECH [I GAVE HIM A COPY OF VERSION
SENT TO ME THROUGH SIT ROOM. ]
SCALIA'S STAFFING COMMENTS
MASTER FACT CHANGE
MARK IS WORKING WITH POC AT DOJ. I WILL BE HERE 'TIL. MARK OR I
WILL SEND HIS CHANGES TO YOU AND PHIL ON THE ROAD.
ALSO ATTACHED ARE COLOR AND TRIVIA FOR WAUKESHA AND TRUMAN'S
REMARKS WHEN HE VISITED THERE
MAIL US SOME FROZEN CHICAGO STYLE PIZZA!!! WE'LL NEED IT FOR
THESE LONG CAMPAIGN NIGHTS -- IN FACT I'M HUNGRY NOW! WILL LOOK
FOR YOU ON TV TOMORROW. so SMILE.
OK n/changes.
Document No. 348655ss
WHITE HOUSE STAFFING MEMORANDUM
92 SEP 8 A9:55
DATE: 9/4/92
ACTION/CONCURRENCE/COMMENT DUE BY: TODAY, 9/4 5:00pm!!!
PRESIDENTIAL REMARKS: WAUKESHA COUNTY PICNIC
SUBJECT:
WAUKESHA, WISCONSIN - SUNDAY, 9/6
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCBRIDE
BAKER
MOORE
SCOWCROFT
MULLINS
DARMAN
PETERSMEYER
BATES
PORTER
BRADY
PROVOST
BROMLEY
ROSS
CALIO
SMITH
DEMAREST
TUTWILER
FITZWATER
ZOELLICK
GRAY
KAUFMAN
HOLIDAY
MCGROARTY
HORNER
BOSKIN
REMARKS:
Please forward your comments directly to Dan McGroarty, Rm. 122, x2930,
office. Thank you.
no later than 5:00 p.m., TODAY, FRI. SEPT. 4, with a copy to this
25 :6v 8 PEP 26
RESPONSE:
PHILLIP D. BRADY
Assistant to the President
and Staff Secretary
Ext. 2702
Provost/Bunton
22 SEP 4 P2: 18
Presidential Remarks
Waukesha County Picnic
Waukesha Wisconsin
Sunday, Sept. 6, 1992
Thank you Governor Tommy Thompson.
Today is Labor Day -- and it is traditional to give a
flowery oration -- full of praise of all those who punch a clock
for a living.
But I'm not going to do that today. This is an uncertain
time for all our American workers. Our economy is undergoing a
global transition -- and we are feeling the impact in our
workplaces -- in our homes.
You deserve more than talk from your political leaders, you
need answers. Answers to the most pressing question before
America today -- how can we guarantee that we will remain not
just a military superpower -- but an export superpower, and an
economic superpower.
I have for action to win the global economic
competition -- the same way we won the Cold War. / / We need to
revolutionize our schools, fix our health care system, provide
incentives for saving and investment, strengthen the American
family, and give you relief from a government that spends too
much -- and takes too much of your money. //
2
But this afternoon, I want to have a serious discussion --
about another roadblock that must be cleared from the path of
America's economic progress.
This roadblock is made not of granite and stone, but paper -
-legal memos and briefs and decisions -- piled so high that they
block our efforts to create new jobs for you and our kids.
Now, if you're like me, one of the first things you do every
morning is sit down and read the newspaper.
(When
you
work
in
pelitics, you start with Garfield, then work your way to the
Provide.
other stuff up front).
Like you -- I'll occasionally see a story that makes me stop
and say -- "huh?"
Like the woman who was on an Eastern Airline flight, when
the pilot came over the intercom, warning passengers to prepare
for a possible crash landing. The pilot landed the jet safely,
but the woman sued the airlines for millions of dollars anyway.
She claimed the mere warning of a crash had caused her -- and I
quote -- "psychic agony."
or maybe some of you remember the story about the basketball
referee, who made a controversial call at the buzzer of a Purdue-
Iowa basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that high demand. So what did the company do? They sued the
referee. Sound absurd? The case ended up before the State
Supreme Court.
3
These stories may make us chuckle, but they make me worry.
Worry that our nation is in the grips of a litigation explosion -
- and it's impact is being felt everywhere.
Let me be clear -- I have nothing against lawyers. They are
an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But lets consider a
few facts.
The number of lawyers has almost doubled in the past 20
years. Would you believe the U.S. has more lawyers than West
Germany, Canada, England, Wales, Japan, Switzerland and France
combined? Well, we don't. We have twice as many lawyers as all
those countries. And this year, more people will graduate from
law school than from engineering, medicine and computer programs
combined.
What do all these lawyers do? Lots of things. But
primarily, they sue. In the past 20 years, the number of
lawsuits (filed in federal courts?) has doubled. Today, the
average case takes a year to be resolved -- and in the past year
alone -- the number of cases that were pending for 3 years,
increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, and
Grant!
represent yourself in court on the day the decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
4
study, American companies spend $200 billion dollars on direct
costs to lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.)
Now, all these numbers and stories are impressive, but you
might ask -- what does it mean to me? If you look around
Waukesha and Wisconsin, you'll see examples -- of how the legal
crisis has crept into every crevice of our lives.
Ask Jack Perry, Coach of football Spartans -- at East
Brookfield High school. // Today, I'm told Jack and his team pay
about $150 bucks for every football helmet -- ten years ago they
paid about a third of that. Why the price increase? Because 18
companies in 18 years have stopped selling helmets, because they
can't afford the insurance. (Before this is over, we may go back
to the days of Jim Thorpe == when people played football without
No-
helmets. We Will call that 'progress )
Or ask Mike Yaktus of Madison. Mike is a CPA, and he says
that so many people now sue accountants at the drop of a number,
that this year four out of ten accountants in Wisconsin are going
without insurance. The rest? They just pass the extra cost on
to you -- their customers.
5
You know the legal crisis has touched everyone -- when it
becomes a topic of discussion for one of the noted commentators
on the American scene. I'm not talking about Mike Royko or Ted
Koppel. I'm talking about Hulk Hogan.
My grandkids tell me that in a movie last year -- Hulk Hogan
asks the bad guys if they are going to beat him up. And the bad
guys say -- "No, this is the nineties. We are going to sue you!"
What is America coming to? As a nation -- isn't it time
that we sue each other less -- and care for each other more?//
We are up against two problems really. The first is the
individual legal crisis -- crazy lawsuits against volunteers,
teachers, doctors, coaches.
I've put forward a comprehensive reform of our Civil Justice
System -- complete with specific proposals to solve disputes
outside of the courthouse, to speed the legal process, to control
the use of expert witnesses, to control outrageous punitive
damages. And I believe we should copy a practice from our
friends in Britain -- and make the loser pay the winner's court
fees. I have a feeling that would put a stop to people who just
use the courts as harassment -- an expensive equivalent of a car
horn.
But an equally important problem is what we call -- product
liability -- the insurance businesses must pay to protect against
damages caused by their products and services.
You might think -- we need that protection, and you're right
-- but the system is out of control.
6
Does our current product liability system protect the
consumer's interests. Not all at all. Instead, we pay higher
prices for everything from medicine to step ladders -- and
companies get discouraged from even coming up with new products -
- for fear they'll get sued because the new products are safer
than the old ones.
Well, what about people who are injured by a faulty product,
and get a court award -- don't they benefit? Some do. But, more
than half of all jury awards in product liability cases, ends up
in the pockets of lawyers, not regular people.
Well, at least product liability laws keep us safer, right?
Again, the answer is no. In Europe, Volvo offers parents a
built-in child safety seat. You can't buy it here in the U.S.
The company doesn't want to deal with our laws.
Our current product liability system is expensive, unsafe,
and it only benefits lawyers. But we could still afford this
mess -- if we were back the 1950's -- and our workers and
companies faced no foreign competition.
Today, we don't have the luxury. Liability costs are 15
times greater than that in Japan, and 20 times greater than that
in Europe. Our businesses -- especially our small businesses --
are staggering under a weight our competitors don't even carry.
The money we spend on legal explosion, is money we don't
spend on training, education, research, investment. It means the
difference between no jobs for our kids -- and good jobs for our
kids.
7
We have got to do something about this.
We have ideas to speed the legal process -- and settle more
cases out of court -- which will help everyone.
And we want to have one national product liability law --
instead of the confusing 50 Statelaus (ones) we have today. We want to put
a cap on punitive damages -- which don't even exist outside the
U.S. and Great Britain. We won't to make it tougher for people
to sue everyone involved with a product for all the damages. We
want to bring some rationality to the system.
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The experts agree with us.
So what's the problem? Why do we still face this crisis?
In a term, the Gridlock Congress.
I know you are sick of the blame-game in Washington, but
keep this in mind. Many members of Congress were once trial
lawyers. (Being a radio D.J. is about the only better training
you can find.)
Like my opponent, Governor Clinton -- many members of
Congress get their campaign funds from trial lawyer
organizations. So in many Congressional offices -- the only
thing that gathers more attention than a TV camera -- is a lawyer
in tasselled loafers.
That's why product liability reform has been blocked. Not
just for my three and a half years in office, but for almost a
decade.
8
But this week, we have a chance -- to make our workers more
competitive with the Japanese and the Germans.
Product liability reform will be up before the U.S. Senate.
It's passed the House -- and we believe we have the votes -- to
pass the Senate.
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you to keep a
wound shut. But it's not. It's the number of votes it takes --
to stop debate in the U.S. Congress. (As you can imagine,
getting Congress to stop talking requires a little effort.)
We're not sure we have the votes for cloture. And here's
the irony -- Congress may be able to stop the greatest legal
reform in a decade -- by using a legal loophole.
I need your help. I need a labor day present for the
American economy, and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of reading about crazy lawsuits. Tired
of high prices. Tired of unsafe products. Most of all, we're
tired of loosing jobs to the Europeans and the Japanese. //
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
By suing each other for every insult every incrimination,
every injury -- we naively attempt to rid our world of risk.
Yes, we should not be reckless, but risk is part of life, part of
America.
9
Think about it. As a nation we bring together people of
every color and every creed -- but all of us have the same
background in this respect. At some time, as our ancestors
looked at their lives and said -- lets take a risk, take a chance
on something else.
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
Thank you for listening. God bless Michigan. God Bless the
United States of America.
# # #
Document No. 348655ss
WHITE HOUSE STAFFING MEMORANDUM
DATE: 9/4/92
ACTION/CONCURRENCE/COMMENT DUE BY: TODAY, 9/4 5:00pm!!!
PRESIDENTIAL REMARKS: WAUKESHA COUNTY PICNIC
SUBJECT:
WAUKESHA, WISCONSIN - SUNDAY, 9/6
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCBRIDE
BAKER
KMOORE
SCOWCROFT
x MULLINS
DARMAN
PETERSMEYER
BATES
PORTER
BRADY
X PROVOST
BROMLEY
ROSS
CALIO
SMITH
DEMAREST
TUTWILER
FITZWATER
x ZOELLICK
GRAY
KAUFMAN
HOLIDAY
MCGROARTY
HORNER
BOSKIN
REMARKS:
Please forward your comments directly to Dan McGroarty, Rm. 122, x2930,
office. Thank you.
no later than 5:00 p.m., TODAY, FRI. SEPT. 4, with a copy to this
RESPONSE:
called 4:15
PHILLIP D. BRADY
Assistant to the President
and Staff Secretary
Ext. 2702
Provost/Bunton
Presidential Remarks
Waukesha County Picnic
Waukesha Wisconsin
Sunday, Sept. 6, 1992
Thank you Governor Tommy Thompson.
Today is Labor Day -- and it is traditional to give a
flowery oration -- full of praise of all those who punch a clock
for a living.
But I'm not going to do that today. This is an uncertain
time for all our American workers. Our economy is undergoing a
global transition -- and we are feeling the impact in our
workplaces -- in our homes.
You deserve more than talk from your political leaders, you
need answers. Answers to the most pressing question before
America today -- how can we guarantee that we will remain not
just a military superpower -- but an export superpower, and an
economic superpower. 11
I have an agenda for action to win the global economic
competition -- the same way we won the Cold War. / / We need to
revolutionize our schools, fix our health care system, provide
incentives for saving and investment, strengthen the American
family, and give you relief from a government that spends too
much -- and takes too much of your money. //
2
But this afternoon, I want to have a serious discussion --
about another roadblock that must be cleared from the path of
America's economic progress.
This roadblock is made not of granite and stone, but paper -
-legal memos and briefs and decisions -- piled so high that they
block our efforts to create new jobs for you and our kids.
Now, if you're like me, one of the first things you do every
morning is sit down and read the newspaper. (When you work in
politics, you start with Garfield, then work your way to the
other stuff up front).
Like you -- I'll occasionally see a story that makes me stop
and say -- "huh?"
Like the woman who was on an Eastern Airline flight, when
the pilot came over the intercom, warning passengers to prepare
for a possible crash landing. The pilot landed the jet safely,
but the woman sued the airlines for millions of dollars anyway.
She claimed the mere warning of a crash had caused her -- and I
quote -- "psychic agony."
or maybe some of you remember the story about the basketball
referee, who made a controversial call at the buzzer of a Purdue-
Iowa basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that high demand. So what did the company do? They sued the
referee. Sound absurd? The case ended up before the State
Supreme Court.
3
These stories may make us chuckle, but they make me worry.
Worry that our nation is in the grips of a litigation explosion -
- and it's impact is being felt everywhere.
Let me be clear -- I have nothing against lawyers. They are
an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But lets consider a
few facts.
The number of lawyers has almost doubled in the past 20
years. Would you believe the U.S. has more lawyers than West
Germany, Canada, England, Wales, Japan, Switzerland and France
combined? Well, we don't. We have twice as many lawyers as all
those countries. And this year, more people will graduate from
law school than from engineering, medicine and computer programs
combined.
What do all these lawyers do? Lots of things. But
primarily, they sue. In the past 20 years, the number of
lawsuits (filed in federal courts?) has doubled. Today, the
average case takes a year to be resolved -- and in the past year
alone -- the number of cases that were pending for 3 years,
increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, and
represent yourself in court on the day the decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
4
study, American companies spend $200 billion dollars on direct
costs to lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.)
Now, all these numbers and stories are impressive, but you
might ask -- what does it mean to me? If you look around
Waukesha and Wisconsin, you'll see examples -- of how the legal
crisis has crept into every crevice of our lives.
Ask Jack Perry, Coach of football Spartans -- at East
Brookfield High school.// Today, I'm told Jack and his team pay
about $150 bucks for every football helmet -- ten years ago they
paid about a third of that. Why the price increase? Because 18
companies in 18 years have stopped selling helmets, because they
can't afford the insurance. (Before this is over, we may go back
to the days of Jim Thorpe -- when people played football without
helmets. We will call that -- "progress.")
Or ask Mike Yaktus of Madison. Mike is a CPA, and he says
that so many people now sue accountants at the drop of a number,
that this year four out of ten accountants in Wisconsin are going
without insurance. The rest? They just pass the extra cost on
to you -- their customers.
5
You know the legal crisis has touched everyone -- when it
becomes a topic of discussion for one of the noted commentators
on the American scene. I'm not talking about Mike Royko or Ted
Koppel. I'm talking about Hulk Hogan.
My grandkids tell me that in a movie last year -- Hulk Hogan
asks the bad guys if they are going to beat him up. And the bad
guys say -- "No, this is the nineties. We are going to sue you!"
What is America coming to? As a nation -- isn't it time
that we sue each other less -- and care for each other more?//
We are up against two problems really. The first is the
individual legal crisis -- crazy lawsuits against volunteers,
teachers, doctors, coaches.
I've put forward a comprehensive reform of our Civil Justice
System -- complete with specific proposals to solve disputes
outside of the courthouse, to speed the legal process, to control
the use of expert witnesses, to control outrageous punitive
damages. And I believe we should copy a practice from our
friends in Britain -- and make the loser pay the winner's court
fees. I have a feeling that would put a stop to people who just
use the courts as harassment -- an expensive equivalent of a car
horn.
But an equally important problem is what we call -- product
liability -- the insurance businesses must pay to protect against
damages caused by their products and services.
You might think -- we need that protection, and you're right
-- but the system is out of control.
6
Does our current product liability system protect the
consumer's interests. Not all at all. Instead, we pay higher
prices for everything from medicine to step ladders -- and
companies get discouraged from even coming up with new products -
- for fear they'll get sued because the new products are safer
than the old ones.
Well, what about people who are injured by a faulty product,
and get a court award -- don't they benefit? Some do. But, more
than half of all jury awards in product liability cases, ends up
in the pockets of lawyers, not regular people.
Well, at least product liability laws keep us safer, right?
Again, the answer is no. In Europe, Volvo offers parents a
built-in child safety seat. You can't buy it here in the U.S.
The company doesn't want to deal with our laws.
Our current product liability system is expensive, unsafe,
and it only benefits lawyers. But we could still afford this
mess -- if we were back the 1950's -- and our workers and
companies faced no foreign competition.
Today, we don't have the luxury. Liability costs are 15
times greater than that in Japan, and 20 times greater than that
in Europe. Our businesses -- especially our small businesses --
are staggering under a weight our competitors don't even carry.
The money we spend on legal explosion, is money we don't
spend on training, education, research, investment. It means the
difference between no jobs for our kids -- and good jobs for our
kids.
7
We have got to do something about this.
We have ideas to speed the legal process -- and settle more
cases out of court -- which will help everyone.
And we want to have one national product liability law --
instead of the confusing 50 (ones) we have today. We want to put
a cap on punitive damages -- which don't even exist outside the
U.S. and Great Britain. We won't to make it tougher for people
to sue everyone involved with a product for all the damages. We
want to bring some rationality to the system.
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The experts agree with us.
So what's the problem? Why do we still face this crisis?
In a term, the Gridlock Congress.
I know you are sick of the blame-game in Washington, but
keep this in mind. Many members of Congress were once trial
lawyers. (Being a radio D.J. is about the only better training
you can find.)
Like my opponent, Governor Clinton -- many members of
Congress get their campaign funds from trial lawyer
organizations. So in many Congressional offices -- the only
thing that gathers more attention than a TV camera -- is a lawyer
in tasselled loafers.
That's why product liability reform has been blocked. Not
just for my three and a half years in office, but for almost a
decade.
8
But this week, we have a chance -- to make our workers more
competitive with the Japanese and the Germans.
Product liability reform will be up before the U.S. Senate.
It's passed the House -- and we believe we have the votes -- to
pass the Senate.
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you to keep a
wound shut. But it's not. It's the number of votes it takes --
to stop debate in the U.S. Congress. (As you can imagine,
getting Congress to stop talking requires a little effort.)
We're not sure we have the votes for cloture. And here's
the irony -- Congress may be able to stop the greatest legal
reform in a decade -- by using a legal loophole.
I need your help. I need a labor day present for the
American economy, and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of reading about crazy lawsuits. Tired
of high prices. Tired of unsafe products. Most of all, we're
tired of loosing jobs to the Europeans and the Japanese./ /
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
By suing each other for every insult every incrimination,
every injury -- we naively attempt to rid our world of risk.
Yes, we should not be reckless, but risk is part of life, part of
America.
9
Think about it. As a nation we bring together people of
every color and every creed -- but all of us have the same
background in this respect. At some time, as our ancestors
looked at their lives and said -- lets take a risk, take a chance
on something else.
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
Thank you for listening. God bless Michigan. God Bless the
United States of America.
# # #
9/5
Changes mach
to L'vule
For Den McGranty / Staff Leastry AFI
2:20 pm
Provost/Bunton
Sept. 5, 1992 / 12:30 p.m.
SALL by JR
PIs jet to Steve Thas Project m
Presidential Remarks
9/5/92
Waukesha County Picnic
4pm
Waukesha, Wisconsin
Sunday, Sept. 6, 1992
RBZ
Thank you Governor Tommy Thompson.
Today is Labor Day -- the day we honor American workers --
the most productive men and women in the entire world.
So today, I want to talk to you about a problem that affects
you and every other worker -- our crazy, out-of control - legal
system.
A serious discussion about legal reform may seem a little
odd as a topic for a picnic. But I think you deserve more than
talk from your political leaders -- you need answers. Answers to
the most pressing question before America today -- how can we
guarantee that we will remain not just a military superpower --
but an export superpower, and an economic superpower. //
As I see it, our current legal system is a roadblock that
must be cleared from the path of America's economic progress.
Let me start by talking about a famous American enforcer of
justice. I don't mean Oliver Wendell Holmes or John Marshall.
I mean someone more famous than that. I mean -- Hulk Hogan. //
My grandkids tell me that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys. Only
the bad guys refused to fight Hulk. Instead they said, "this is
2
the nineties -- we're not going to fight you. We are going to
sue you. "
I fear that one statement, sums up a lot of what is
troubling America today.
Pick up the newspaper, the stories roll out at you.
Like by the now famous story about the basketball referee,
who made a controversial call at the buzzer of a Purdue-Iowa
basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that much demand. So what did the company do? They sued the
referee. Sound crazy? It took two years, and a lot of money,
before the case was dismissed by the State Supreme Court.
Are these crazy legal stories just intended to give us
something to make our friends chuckle at backyard barbecues. I
don't think SO. It's much more serious than that.
Look around here in Wisconsin, right here in Waukesha.
Anybody here cheer for the football Spartans -- of East
Brookfield High School?// I'm told Coach Jack Perry and his team
now pay almost $150 bucks for every football helmet -- 10 years
ago they paid about a third of that. Why the price increase?
Because over the past 18 years, 18 American companies have
stopped selling football helmets -- because they can't afford the
insurance. (Before this is over, we may go back to the days of
Jim Thorpe -- when people played football without helmets. Is
that progress?)
3
Now, Waukesha and Wisconsin aren't unique -- except in their
physical beauty. This kind of thing is happening every day in
every town across America. And we are all paying the price.
Now understand, this is not a criticism of lawyers. They
are an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But the good
lawyers will tell you, the system is out of control.
In the past 20 years, the number of lawsuits (filed in
federal courts) has doubled. Today, the average case takes a
year to be resolved -- and in the past year alone -- the number
of cases that were pending for 3 years, increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, pass
the bar, and then represent yourself in court on the day the
decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
study, Americans spend $200 billion dollars on direct costs to
lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.) To me that's crazy. As a nation, I believe it's high
4
time, that we started suing each other less, and caring for each
other more.//
That is why I have sent Congress 1 comprehensive legislation
to reform our Civil Justice System. It is complete with specific
proposals. We want to solve more disputes early -- before they
get dragged into the courtroom. // We want to speed the legal
process -- there is no reason anyone can go through law school
faster than it takes a court to reach a verdict. We want to put
a lid on outrageous punitive damages, that strike terror into
Chk.
every mom and dad who wants to coach their kids football team.
//
And here's one big idea. I believe we should copy a practice
from our friends in Britain -- and make the loser pay the
winner's court fees. You think that T-shirt company would have
sued that referee -- if they'd known they'd end up footing his
legal bills?//
This is one part of the crisis in our civil justice system
I
Need?
- what we call civil justice.
But we also need change in our
product liability laws. These are the laws that are supposed to
allow people to be compensated for harm caused to them by a
defective product. That's an important right/and I am all for
it. People ought to receive fair compensation when a product is
defective and they get hurt.
But like so much of our civil justice system, product
liability has careened out of control.
Let me give you an example of what I'm talking about: The
Will-Burt Corporation of Orville, Ohio stopped making parts for
5
ladders, scaffolds, and aircraft -- because the products
encountered potential liability costs. But the workers paid an
even higher price -- the company was forced to close plants and
lay off 80 employees.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crazy lawsuits, and
outrageous awards. The cost of defending these lawsuits has
escalated. A lot of trial lawyers bring lawsuits, knowing that
it is cheaper for companies to settle the case than to pay their
own lawyers to defend them through trial. And the cost of
insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
It's worse than that. We've never seen a lot of good
products -- because companies are afraid of liability.
In Europe, for example, Volvo offers parents a car seat --
built right in the car. You can't buy one in the U.S. today --
and may never be able to. No company wants to deal with our
laws.
And if you're in Europe, and you suffer from AIDS, you can
get medical treatment you can't get in the United States.
Medical companies are afraid of the liability.
But it's all worth it right, because when someone does get
hurt, they can a big settlement? Again, that's not what's
6
happening. More than half of all the money awarded by juries in
product liability cases, goes not to the injured party, but to
the lawyers. Think about that. More than half of all the awards
-- ends up in the pockets of Brooks Brothers suits.
But here's the real problem. Our product liability system
is killing our economic competitiveness.
Liability costs are 15 times greater than that in Japan,
and 20 times greater than that in Europe. Our businesses --
especially our small businesses -- are staggering under a weight
our competitors don't even carry.
Every dollar we spend around a courtroom, is a dollar we
won't spend on training, education, research, investment. It
will be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this -- if we want our kids to
have job. Luckily, Senator Bob Kasten understands this. He has
been the fighter to change the system.
Bob has put forth a plan -- which I have endorsed -- to
speed the legal process -- and settle more cases out of court --
which will help everyone.
We want uniformity in product liability law -- instead of
the confusing 51 separate standards we have today. We want to
have the same rules for damages from one state to the next. We
want to bring some rationality to the system.
10ml
7
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
our workers get a leg up on other workers.
So what's the problem? Why do we still face this crisis?
Bob Kasten will tell you the problem. The Gridlock Congress.
I know you are sick of the blame-game in Washington, but we
can't ignore the facts.
Like my opponent, Mr. Clinton -- many members of Congress
get their campaign funds from trial lawyer organizations. Here's
my opporent
what one Arkansas trial lawyer wrote about him -- trying to raise
money for the Clinton campaign: "I can never remember an
occasion where he failed to do what was right where we trial
lawyers are concerned." So many offices -- the
/in many congressional my opposent t
only thing that gathers more attention than a TV camera -- is a
lawyer in tasselled loafers with a check in hand.
That's why product liability reform has been blocked, for
almost two decades. In fact, trial lawyers' money has prevented
even
product liability from ever coming to a full vote.
But this very week, we have a chance -- to stop undermining
our American workers.
Product liability reform will be up before the U.S. Senate.
We believe we have the votes -- to pass the Senate.
legal
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you after you
cut your knee. But it's not. It's the number of votes it takes
to stop long-winded debate in the U.S. Congress. (As you can
t the trial lawyers
8
imagine, getting Congress to stop talking about anything requires
some effort. In fact, it takes more votes to get them to stop
talking -- than to pass a bill.)
on om side t yourside,
While we have a majority of the Senate we're not sure we
So
have the extra votes for cloture. And here's the irony --
Congress may be able to stop the most-needed legal reform in a
decade -- by using a legal loophole.
Bob Kasten doesn't want that to happen -- and neither do I.
I'd 1.8e wrap up
+I need a Labor Day present for the American economy, and for the
stet
jobs of the future.
Too
I need you to get on the phone and let Congress know, the
sleady
American people are tired of paying for crazy lawsuits. Tired of
high prices. Tired of unsafe products. Most of all, we're tired
of losing jobs to foreign competitors. //
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
[Revised conclusion]
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
9
Thank you for listening. God bless Wisconsin. God bless
the United States of America.
# # #
9/5
Fn Dan McGroarth / Stiff Leasely
2:20 pm
Provost/Bunton
Sept. 5, 1992 / 12:30 p.m.
Pls jet to Steve This Project m AFI
Presidential Remarks
Waukesha County Picnic
Waukesha, Wisconsin
Sunday, Sept. 6, 1992
tay
Thank you Governor Tommy Thompson.
Today is Labor Day -- the day we honor American workers --
the most productive men and women in the entire world.
So today, I want to talk to you about a problem that affects
you and every other worker -- our crazy, out-of control - legal
system.
A serious discussion about legal reform may seem a little
odd as a topic for a picnic. But I think you deserve more than
talk from your political leaders -- you need answers. Answers to
the most pressing question before America today -- how can we
guarantee that we will remain not just a military superpower --
but an export superpower, and an economic superpower. //
As I see it, our current legal system is a roadblock that
must be cleared from the path of America's economic progress.
Let me start by talking about a famous American enforcer of
justice. I don't mean Oliver Wendell Holmes or John Marshall.
I mean someone more famous than that. I mean -- Hulk Hogan. //
My grandkids tell me that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys. Only
the bad guys refused to fight Hulk. Instead they said, "this is
2
the nineties -- we're not going to fight you. We are going to
sue you. II
I fear that one statement, sums up a lot of what is
troubling America today.
Pick up the newspaper, the stories roll out at you.
Like by the now famous story about the basketball referee,
who made a controversial call at the buzzer of a Purdue-Iowa
basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that much demand. So what did the company do? They sued the
referee. Sound crazy? It took two years, and a lot of money,
before the case was dismissed by the State Supreme Court.
Are these crazy legal stories just intended to give us
something to make our friends chuckle at backyard barbecues. I
don't think so. It's much more serious than that.
Look around here in Wisconsin, right here in Waukesha.
Anybody here cheer for the football Spartans -- of East
Brookfield High School?// I'm told Coach Jack Perry and his team
now pay almost $150 bucks for every football helmet -- 10 years
ago they paid about a third of that. Why the price increase?
Because over the past 18 years, 18 American companies have
stopped selling football helmets -- because they can't afford the
insurance. (Before this is over, we may go back to the days of
Jim Thorpe -- when people played football without helmets. Is
that progress?)
3
Now, Waukesha and Wisconsin aren't unique -- except in their
physical beauty. This kind of thing is happening every day in
every town across America. And we are all paying the price.
Now understand, this is not a criticism of lawyers. They
are an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But the good
lawyers will tell you, the system is out of control.
In the past 20 years, the number of lawsuits (filed in
federal courts) has doubled. Today, the average case takes a
year to be resolved -- and in the past year alone -- the number
of cases that were pending for 3 years, increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, pass
the bar, and then represent yourself in court on the day the
decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
study, Americans spend $200 billion dollars on direct costs to
lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they end up paying in
court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.) To me that's crazy. As a nation, I believe it's high
4
time, that we started suing each other less, and caring for each
other more.//
That is why I have sent Congress 3 comprehensive legislation
to reform our Civil Justice System. It is complete with specific
proposals. We want to solve more disputes early -- before they
get dragged into the courtroom. // We want to speed the legal
process -- there is no reason anyone can go through law school
faster than it takes a court to reach a verdict. We want to put
a lid on outrageous punitive damages, that strike terror into
Chk.
every mom and dad who wants to coach their kids football team. 11
Aportment
And here's one big idea. I believe we should copy a practice
from our friends in Britain -- and make the loser pay the
winner's court fees. You think that T-shirt company would have
sued that referee -- if they'd known they'd end up footing his
legal bills?//
This is one part of the crisis in our civil justice system -
Need
-
what we call civil justice. But we also need change in our
product liability laws. These are the laws that are supposed to
allow people to be compensated for harm caused to them by a
defective product. That's an important right and I am all for
it. People ought to receive fair compensation when a product is
defective and they get hurt.
But like so much of our civil justice system, product
liability has careened out of control.
Let me give you an example of what I'm talking about: The
Will-Burt Corporation of Orville, Ohio stopped making parts for
5
ladders, scaffolds, and aircraft -- because the products
encountered potential liability costs. But the workers paid an
even higher price -- the company was forced to close plants and
lay off 80 employees.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crazy lawsuits, and
outrageous awards. The cost of defending these lawsuits has
escalated. A lot of trial lawyers bring lawsuits, knowing that
it is cheaper for companies to settle the case than to pay their
own lawyers to defend them through trial. And the cost of
insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
It's worse than that. We've never seen a lot of good
products -- because companies are afraid of liability.
In Europe, for example, Volvo offers parents a car seat --
built right in the car. You can't buy one in the U.S. today
and may never be able to. No company wants to deal with our
laws.
And if you're in Europe, and you suffer from AIDS, you can
get medical treatment you can't get in the United States.
Medical companies are afraid of the liability.
But it's all worth it right, because when someone does get
hurt, they can a big settlement? Again, that's not what's
6
happening. More than half of all the money awarded by juries in
product liability cases, goes not to the injured party, but to
the lawyers. Think about that. More than half of all the awards
-- ends up in the pockets of Brooks Brothers suits.
But here's the real problem. Our product liability system
is killing our economic competitiveness.
Liability costs are 15 times greater than that in Japan,
and 20 times greater than that in Europe. Our businesses --
especially our small businesses -- are staggering under a weight
our competitors don't even carry.
Every dollar we spend around a courtroom, is a dollar we
won't spend on training, education, research, investment. It
will be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this -- if we want our kids to
have job. Luckily, Senator Bob Kasten understands this. He has
been the fighter to change the system.
Bob has put forth a plan -- which I have endorsed -- to
speed the legal process -- and settle more cases out of court --
which will help everyone.
We want uniformity in product liability law -- instead of
the confusing 51 separate standards we have today. We want to
have the same rules for damages from one state to the next. We
want to bring some rationality to the system.
10ml
7
The plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
our workers get a leg up on other workers.
So what's the problem? Why do we still face this crisis?
Bob Kasten will tell you the problem. The Gridlock Congress.
I know you are sick of the blame-game in Washington, but we
can't ignore the facts.
Like my opponent, Mr. Clinton -- many members of Congress
get their campaign funds from trial lawyer organizations. Here's
my oppinent
what one Arkansas trial lawyer wrote about him -- trying to raise
money for the Clinton campaign: "I can never remember an
occasion where he failed to do what was right where we trial
my opposent t
lawyers are concerned." So in many Congressional offices -- the
only thing that gathers more attention than a TV camera -- is a
lawyer in tasselled loafers with a check in hand.
That's why product liability reform has been blocked, for
almost two decades. In fact, trial lawyers' money has prevented
even
product liability from ever coming to a full vote.
But this very week, we have a chance -- to stop undermining
our American workers.
Product liability reform will be up before the U.S. Senate.
We believe we have the votes -- to pass the Senate.
But there's a legal catch -- something called "cloture." Now
cloture sounds like something a doctor would give you after you
cut your knee. But it's not. It's the number of votes it takes
to stop long-winded debate in the U.S. Congress. (As you can
t the trial langer
8
imagine, getting Congress to stop talking about anything requires
some effort. In fact, it takes more votes to get them to stop
talking -- than to pass a bill.)
on om side + you side,
While we have a majority of the Senate we're not sure we
So
have the extra votes for cloture. And here's the irony --
Congress may be able to stop the most-needed legal reform in a
decade -- by using a legal loophole.
Bob Kasten doesn't want that to happen -- and neither do I.
I'd 1.8e wrap up
+ need a Labor Day present for the American economy, and for the
stet
jobs of the future.
Too
I need you to get on the phone and let Congress know, the
sleening
American people are tired of paying for crazy lawsuits. Tired of
high prices. Tired of unsafe products. Most of all, we're tired
of losing jobs to foreign competitors. //
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
[Revised conclusion]
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
9
Thank you for listening. God bless Wisconsin. God bless
the United States of America.
# # #
9/6/92
THE WHITE HOUSE 9 pm
WASHINGTON
Through st Rm.
all faced to T and
Chil Brady lil Mi.
@ 8:30 pm / on Daday
6 Spt. 1992
w/ note telling to
prick up previous
&
first clianges from master faxel
last pm- -
September 6, 1992
MEMORANDUM FOR CHRISTINA MARTIN
FROM:
MARK PAOLETTA ml
SUBJECT:
Fact changes to Legal Reform Speech
Change must be made:
Bottom page 5 through top of page 6:
Strike entire paragraph and replace with:
But it all ought to be worth it, right? Because when someone
does get hurt, they can get fairly compensated for their injury.
But that's not what's happening. About 1/2 of all money paid out
in tort cases ends up in the pockets of lawyers.
page 6:
Add underline
Liability costs are a multiple of what they are in Japan and
Europe.
stats must be struck !
LOUISVILLE, KY
ER
SUN 06 SEP 92 09:23
PG.02
PAOLETTA & SCALIA CHANGES
9/6/92
Provost/Bunton
8:30PM
Sept. 5, 1992 / 8:15 p.m.
Presidential Remarks
Waukesha County Picnic
Waukesha, Wisconsin
Monday, Sept. 7, 1992
Thank you Governor Tommy Thompson.
Today is Labor Day -- the day we honor American workers --
the most productive men and women in the entire world.
So today, I want to talk to you about a problem that affects
you and every other worker -- our crazy, out-of control -- legal
system.
A serious discussion about legal reform may seem a little
odd as a topic for a picnic. But I think you deserve more than
talk from your political leaders -- you need answers. Answers to
the most pressing question before America today -- how can we
guarantee that we will remain not just a military superpower --
but an export superpower, and an economic superpower. //
As I see it, our current legal system is a roadblock that
must be cleared from the path of America's economic progress.
Let me start by talking about a famous American enforcer of
justice. I don't mean Oliver Wendell Holmes or John Marshall.
I mean someone more famous than that. I mean -- Hulk Hogan. //
My grandkids tell me that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys. Only
the bad guys refused to fight Hulk. Instead they said, "this is
LOUISUILLE, KY
ER
SUN 06 SEP 92 09:24
PG.01
2
the nineties -- we're not going to fight you. We are going to
sue you."
I fear that one statement, sums up a lot of what is
troubling America today.
Pick up the newspaper, the stories roll out at you.
(SCALIA) DOJ
Like by the now famous story about the basketball referee,
who made a controversial call at the buzzer of a Purdue-Iowa
basketball game. Purdue won the game, and an Iowa souvenir
company was suddenly left with victory T-shirts that weren't in
all that much demand. So what did the company do? They sued the
referee. Sound crazy? It took two years, and a lot of money,
before the case was dismissed by the State Supreme Court.
Are these crazy legal stories just intended to give us
something to make our friends chuckle at backyard barbecues. I
don't think so. It's much more serious than that.
Look around here in Wisconsin, right here in Waukesha.
Anybody here cheer for the Spartans football team -- of East
Brookfield High School?// I'm told Coach Jack Perry and his team
now pay almost $150 bucks for every football helmet -- 10 years
ago they paid about a third of that. Why the price increase?
Because over the past 18 years, 18 American companies have
stopped selling football helmets -- because they can't afford the
insurance. (Before this is over, we may go back to the days when
people played football without helmets. Is that progress?)
LOUISUILLE, KY
ER
SUN 06 SEP 92 09:25
PG.02
3
Now, Waukesha and Wisconsin aren't unique -- except in their
physical beauty. This kind of thing is happening every day in
every town across America. And we are all paying the price.
Now understand, this is not a criticism of lawyers. They
are an essential part of our society -- and the majority of legal
professionals work with integrity and honor. But the
MOST (SCALIA) good DOJ
lawyers will tell you, the system is out of control.
In the past 20 years, the number of civil lawsuits filed in
federal courts has more than doubled. Today, the average case
1
ACTUALLY MEDIAN IS 9 MONTHS- WE CAN FUDGE BUT MAY DRAW FIRE (SCALIA) DOJ
often takes a year to be resolved -- and in the past year alone -
- the number of cases that were pending for 3 years, increased by
nearly 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, pass
the bar, and then represent yourself in court on the day the
decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished) finished
SCALIA SAID HE HAS NOT SEEN THIS STUDY
2
looking at that question. According to a soon to be released
2
study, Americans spend $200 billion dollars on legal services.
Keep in mind, that doesn't even count the lawyers on company
payrolls, or the money they end up paying in court settlements.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.) To me that's crazy. As a nation, I believe it's high
2
JUSTICE HAS BEEN USING A STUDY THAT GROSS COSTS OF TORT SYSTEM=#117 BILLIN IN ONEYR.
MEDIAN K 9 MONTHS (FUDGE A LITTLE)
LOUISVILLE, KY
ER
SUN 06 SEP 92 09:25
PG.03
NOT
SCALIA SAID ALL THE COMPONENTS ARE LEGISLATION- NEED TO BE GENERAL
4
time, that we started suing each other less, and caring for each
other more.//
(SCALA 000) PROPOSED A (SAALLA DOJ) PLAN (SCALIA) DOJ
That is why I have sent Congress comprehensive legislation
to reform our Civil Justice System. It is complete with specific
proposals. We want to solve more disputes early -- before they
get dragged into the courtroom. // We want to speed the discovery
you (SCALIA) DOJ
process -- there is no reason anyone can go through law school
faster than it takes a court to reach a verdict. We want to put
a lid on outrageous punitive damages, that strike terror into
every mom and dad who wants to coach their kid's football team./ /
And here's one big idea. I believe we should adopt a practice
from our friends in Britain -- and in appropriate cases make the
loser pay the winner's court fees. You think that T-shirt
company would have sued that referee -- if they'd known they'd
end up footing his legal bills?//
This is one part of the crisis in our civil justice system.
But we also need change in our product liability laws. These are
the laws that are supposed to allow people to be compensated for
harm caused to them by a defective product. That's an important
right, and I am all for it. People ought to receive fair
compensation when a product is defective and they get hurt.
But like so much of our civil justice system, product
liability has careened out of control.
Let me give you an example of what I'm talking about: The
Will-Burt Corporation of Orville, Ohio stopped making parts for
ladders, scaffolds, and aircraft -- because the products
LOUISVILLE, KY
ER
SUN 06 SEP 92 09:26
PG.04
5
encountered potential liability costs. But the workers paid an
even higher price -- the company was forced to close plants and
lay off 80 employees.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crazy lawsuits, and
outrageous awards. The cost of defending these lawsuits has
escalated. A lot of trial lawyers bring lawsuits, knowing that
it is cheaper for companies to settle the case than to pay their
own lawyers to defend them through trial. And the cost of
insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
It's worse than that. We've never seen a lot of good
products -- because companies are afraid of excessive lawsuits.
In Europe, for example, Volvo offers parents a car seat --
built right in the car. You can't buy one in the U.S. today --
and may never be able to. No company wants to deal with our
laws.
And if you're in Europe, and you suffer from AIDS, you can
get medical treatment you can't get in the United States.
Medical companies are afraid of the liability.
But it's all worth it right, because when someone does get
hurt, they can a get big settlement? Again that's not what's
happening. Almost half of all the money awarded by juries in
DELETE GRAPH ALL OF IT- REPLACE WITH
SUBSTITUTE LANGUAGE IN PAOLETTA MEMO-
LOUISVILLE, KY
ER
SUN 06 SEP 92 09:26
PG.05
(DOJ
SCALA ACCORDING TO THE
RAND STUDY 3% OF MONEY SHENT
N/TORT CASES ENDED up IN PLAINTICO
POLKERS; THES EXCLUDES Auto FORTS
6
WHERE PLANTIPS 601 52%
product liability cases goes not to the injured party, but to
the lawyers. Think about that. Nearly half of all the awards -
- goes into the pockets of lawyers.
But here's the real problem. Our product liability system
PAOLETIA
is killing our economic competitiveness.
(DOJ)
(PAOLETTA)
A MULTIPLE OF WHAT THEY ARE IN JAPAN
SCALIA
Liability costs are 15 times greater than in Japan, and 20
CANNOT
AND (PADLETTA)
VERIFY
times greater than that in Europe. Our businesses -- especially
SUGGESTS
USING
our small businesses -- are staggering under a weight our
THE LANG-
UAGE HE
PROVIDED
BE
competitors don't even carry.
IN HIS
STAFFING
Every dollar we spend around a courtroom, is a dollar we
MEMO
won't spend on training, education, research, investment. It
will be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this -- if we want our kids to
have jobs. Luckily, Senator Bob Kasten understands this. He has
been the fighter to change the system.
Bob has put forth a plan -- which I have endorsed -- to
speed the legal process -- and settle more cases out of court --
which will help everyone.
We want greater uniformity in our product liability laws.
Instead of the confusing 50 separate standards we have today. We
want similar rules for damages from one state to the next. We
want to bring some rationality to the system.
Our plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
our workers get a leg up on other workers.
LOUISUILLE, KY
ER
SUN 06 SEP 92 09:27
PG.06
7
So what's the problem? Why do we still face this crisis?
Bob Kasten will tell you the problem. The Gridlock Congress.
I know you are sick of the blame-game in Washington, but we
can't ignore the facts.
Like my opponent, Mr. Clinton -- many members of Congress
get their campaign funds from trial lawyer organizations. Here's
what one Arkansas trial lawyer wrote about my opponent -- trying
to raise money for the Clinton campaign: "I can never remember
an occasion where he failed to do what was right where we trial
lawyers are concerned." So for my opponent and in many
Congressional offices -- the only thing that gathers more
attention than a TV camera -- is a lawyer in tasselled loafers
with a check in hand.
That's why product liability reform has been blocked, for
almost two decades. In fact, trial lawyers' money has prevented
product liability reform from ever even coming to a full vote.
But this very week, we have a chance -- to stop undermining
our American workers.
Product liability reform will be up before the U.S. Senate.
We believe we have the votes to pass the Senate.
But there's a legal catch -- something called "cloture."
Now cloture sounds like something a doctor would give you after
you cut your knee. But it's not. It's the number of votes it
takes to stop long-winded debate in the U.S. Congress. (As you
can imagine, getting Congress to stop talking about anything
LOUISUILLE, KY
ER
SUN 06 SEP 92 09:28
PG.07
8
requires some effort. In fact, it takes more votes to get them
to stop talking -- than to pass a bill.)
While we have a majority of the Senate on our side and your
side, we're not sure we have the extra votes for cloture. So
here's the irony -- Congress and the trial lawyers may be able to
stop the most-needed legal reform in a decade -- by using a legal
loophole.
Bob Kasten doesn't want that to happen -- and neither do I.
I'd like to wrap up a Labor Day present for the American economy,
and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of paying for crazy lawsuits. Tired of
high prices. Tired of unsafe products. Most of all, we're tired
of losing jobs to foreign competitors. 11
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903 had
tried to win pain and suffering damages -- because the slippery
floor on Ellis Island had caused them to hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
I appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
Thank you for listening. God bless Wisconsin. God bless
the United States of America.
LOUISVILLE, KY
ER
SUN 06 SEP 92 09:23
PG.01
Unclas
CLASSIFICATION
CIRCLE ONE BELOW
MODE
PAGES 8
IMMEDIATE
SECURE FAX N 05
DTG 0613207 Sep92
PRIORITY
ADMIN FAX #
RELEASEN
ROUTINE
RECORD N
FROM/LOCATION
1. Christina Martin
TO/LOCATION/TIME OF RECEIPT
1. Jeannie Bunton
2.
X7750
TOR: 0613297 SEP 92
3.
4.
5.
6.
;
INFORMATION ADDEES/LOCATION/TIME OF RECEIPT
1992 SEP -6 AM 9:57 57
SITUATIO FROOM
WHITE HOUSE
:6
1.
!.
PECIAL INSTRUCTIONS/REMARKS:
COPIES DELWERED
- TO G. SCHEAR AND
Please give a copy to Counsel's office
- J. HOWARD By ME
JB
N
9/6/92 11AM
,
Fact Check
Unclas
WHITE HOUSE
SITUATION ROOM
PRECEDEN
IMMEDIATE
RELEASER:
PRIORIP
ROUTINE
DTG:
MESSAGE NO.
CLASSIFICATION UNCLASS
PAGES 15
FROM JBUNTON
7750
111.5
(Name)
(Phone Number)
(Room No.)
MESSAGE DESCRIPTION
LEGAL REFORM
LOCATION
DELIVER TO
AF
1
CHRISTINA MARTIN
AFI
STEVE PROVOST
REMARKS: I'VE MADE A FEW NOTES- STILL
WORKING ON FACTS I CAN'T VERIFY
AT THIS TIME. I WAS TOLD SEN.
KASTEN WOULD INTRO Pons.
:
MS
SAULT STE MARIE, MI.
MON 07 SEP 92 03:12
PG.03
IF I REMEMBER CORRECTY- HARRY TRUMAN NEVER
CALLED His OPPONENT BY the NAME. HE MERELY SAID
"My OPPONENT."
BUNTON RE-THROUGH
Provost/Bunton
Sept. 6, 1992 / 10:15 p.m.
9/7/92 6AM-
Presidential Remarks
Waukesha County Picnic
Waukesha, Wisconsin
Monday, Sept. 7, 1992
SENATOR KASTEN
Thank you Governer Tommy Thompson
This Labor Day we gather at a triumphant moment in history.
I can stand before you this morning and can say something no
other President could ever say. The Cold War is over -- Freedom
Finished First. 11
But America is not a nation that brags, not a nation that
looks behind -- we are loyal only to the future. 80 this Labor
Day, we must rededicate ourselves to the future of all who punch
the timeclock, pay the bills and sweat it out at tax time.
Our number one priority must be to build economic security -- for
the working men and women of America.
My opponent will kick off his campaign -- with a message of
fear. But I encourage you to look beneath the rhetoric -- look
at the facts.
Governor Clinton will tell you that we are a nation in
decline, slipping past Germany, headed south somewhere toward Sri
Lanka. On this Labor Day, you won't hear him say that the
world's most productive workers aren't in Germany aren't in Japan
-- they are right here -- in the United States of America.//
SAULT STE MARIE, MI.
MON 07 SEP 92 03:13
PG.04
I CAN'T VERIFY THIS (DID
2
COME FROM ANOTHER OF
Governor Clinton will tell you that American wages are
TODAY'S SPEECHES'
slipping -- he doesn't mention that since
1985, our workers have
ok/
John
earned bigger paychecks and benefits -- than any other in the
world. 11]
I CAN'T VERIFY THIS / IS IT FROM
Chuy of LABOR
ANOTHER
OF
Governor Clinton says that people are working harder for
TODAY'S
less. He won't mention that
adjusted personal income is higher
SPEECHES?
ok
than it was four years ago.
That's because inflation -- the
John scamil
thief of the middle-class -- has been securely locked away.
Does this mean that all is fine in America? of course not. small
DOV chif'l
But at a time of uncertainty, a time of wrenching global change,
Governor Clinton wants to scare American workers -- so that he
can slip into office -- with the failed tax-and-spend policies of
the past. I'm not going to let that happen. //
Governor Clinton offers a treasure trove of new government
IN ALEC SPEECH WE SAID 200 BILLION
programs -- that will cost at least
$220 billion
more of you(R)
money. I say -- you already give too much to the tax man. 11
Governor Clinton wants to raise taxes by $150 billion -
just to start. I want to cut taxes -- to get this economy
started in high gear. 11
so as this campaign gets into full swing, I make one
Dept. Labor
Chief staff
promise. I will talk about real ideas -- about cutting heali
care costs, reforming welfare, and giving our kids what they
deserve -- the world's very best schools. 11 And today, I'd like
to talk about a roadblock in the way of your economic security -
- our crasy, out-of-control legal system.
B/Q ISSUES BACKGREUNDER (8/10/92) "CLINTON'S PLAN WILL CAUSE A MASSIVE INCREASE
IN FEDERAL SPENDING - AN INCREASE of AT LEAST $219 BILLION.
SAULT STE MARIE, MI.
MON 07 SEP 92 03:13
PG.05
3
Don't just ask me about what's wrong with our legal system.
Ask that famous enforcer of American justice. I'm not talking
about Oliver Wendell Holmes or John Marshall. I mean someone
more famous than that. Hulk Hogan.//
My grandkids tell ne that in his movie last year -- Hulk
Hogan was confronted with the predictable crop of bad guys.
Only the bad guys refused to fight. Instead they said, "this is
the nineties -- we're not going to fight you. We are going to
sue you."
I believe that one statement -- sums up a lot of what is
wrong in America today.
Pick up the newspaper, the stories roll out at you.
Like By the story about the basketball referee, who made a
controversial call at the busser of a Purdue-Iowa basketball
game. Purdue won, and an Iowa souvenir company was suddenly left
with victory souvenirs that weren't in all that much demand. so
what did the company do? They sued the referee. Sound crasy?
Well, it took two years, and a lot of money, before the case was
dismissed by the State Supreme Court.
Now, I know people love to pick on lawyers. I believe law
can be a noble and honorable impression. But most good lawyers
will tell you -- that the system is out-of-contral.
In the past 20 years, the number of civil lawsuits filed in
(SAALIA@ DOJ MADE THIS SINGWAR IN HAS STAFFING COMMENTS)
federal courts has more than doubled. Today, the average case
takes almost a year to be resolved -- and in the past year alone
SAULT STE MARIE, MI.
MON 07 SEP 92 03:14
PG.06
4
-- the number of cases that were pending for 3 years -- increased
by nearly 15 percent.
(That means you can file a suit, and have time to enroll in
law school, study three years, graduate, pass the bar, and then
represent yourself in court on the day the decision is reached.)
Now, the National Association of Manufacturers has just
finished looking at what this litigation explosion costs our
economy. According to a soon to be released study, American
COMPANIES
change/
consumers and customers will spend up to $200 billion dollars on
legal services this year. $200 billion dollars!.
American businesses now spend more on insurance and legal
OVP
fees -- than on training to prepare our workers for the new
counsel
economy. I don't know about you -- but I think that's crazy.
As a nation -- I believe it's high time that we started suing
each other less -- and caring for each other more.//
I have proposed a comprehensive plan -- to reform our civil
justice system. And I also want to reform our product liability
laws.
These laws are supposed to allow people to be compensated
for harm caused by a defective product. People ought to receive
fair compensation when a product is defective and they get hurt.
But like so much of our civil justice system, product liability
has careened out of control.
Let ne give you one example. The Will-Burt Corporation of
Orville, Ohio stopped making parts for ladders, scaffolds, and
aircraft -- they couldn't afford the liability insurance. That
SAULT STE MARIE, MI.
MON 07 SEP 92 03:14
PG.07
5
was bad news for the company's owners. But worse news for the 80
employees -- who got pink slips.
Here's the problem. The product liability laws vary from
state to state and the rules have encouraged crasy lawsuits, and
outrageous awards. And the cost of insurance keeps skyrocketing.
Big deal, right? So companies have to pay extra for a few
lawyers. But it's not just companies who foot the bill, we all
pay higher prices -- for everything from medicine to step
ladders.
We never get to see a lot of good products -- because
companies are afraid of excessive lawsuits.
Get this. Almost half of all the money paid out in these
kind of cases, goes not to the injured party, but to lawyers.
Our product liability system is killing our economic
competitiveness -- costing Americans secure jobs -- that you
deserve. Our liability costs are many times greater than in
Japan, and far greater than that in Europe.
Every dollar we spend around a courtroom, is a dollar we
won't spend on training, education, research, investment. It
could be the difference between no jobs for our kids -- and good
jobs for our kids.
We have to do something about this. Luckily, your Senator,
Bob Kasten, understands this. He has been fighting to change the
system.
LAST P.M. MARK PAOLETTA INSISTED THAT HIS PROPOSED LANGUAGE BE USED VERBATM-
you HAVE NOT DONE THAT. PLEASE LOOK AT MARK'S MEMO/ LANGUAGE. HE SAID
BUT you COULD STILL END WITH "IN THE POCKETS OF BROOKS BRONHERS SUITS"
SAULT STE MARIE, MI.
MON 07 SEP 92 03:15
PG.08
6
Bob has put forth a plan -- which I an fighting for -- to
speed the legal process -- settle more cases out of court --and
bring some rationality to the product liability system.
Our plan is pro-consumer, pro-business, pro-safety, and pro-
jobs. The day my pen signs Senator Kasten's bill -- is the day
we stop undermining the American worker.//
So why do we still face this crisis? Bob Kasten will tell
you in three words -- The Gridlock Congress. And that's why I'm
here today.
You see, 44 years ago next month, another incumbent
President came through Waukesha (WOK-ah-sha). His name was Harry
S. Truman. (America was victorious around the world, but still
there were uncertainties at home.)
IF TALILING ABOUT ww2, that
WAS 34Rs. EARLER - 1448 wasat
Now, I admit -- Harry Truman and I don't have everything in the beginng
of the Cold
common. He believed in bigger government -- I don't share that war-
view. Harry Truman started out as a haberdasher -- he knew
everything about clothes and ties and shoes. Barbara will tell
you -- no one's ever accused ne of being a clothes horse.
But I hope you will see some similarities between us.
Harry Truman ran as an underdog -- so am I.
Harry Truman admitted when he made a mistake -- I have done
the same.
But most of all -- Harry Truman was frustrated -- by what
he called -- the "do-nothing" Congress.
Listen to Truman's very own words -- from right here in this
same town, 44 years ago.
SAULT STE MARIE, MI.
MON 07 SEP 92 03:16
PG.09
7
"When I say do-nothing, I mean they (meaning Congress) have
done nothing for the people.
Today I say, the Gridlock Congress hasn't listened to the
people either. For years, Americans have complained about this
crazy legal system, but the Gridlock Congress has refused to act
on my reforms.
I CAN'T VERIFY THIS DATE:-
This week
may
this Thursday
-- we finally get a Senate vote
Johnny
on product liability reform. My nessage to the Gridlock Congress
is simple. Either fix our legal system -- either stop
Howard
undermining our workers -- or we're going to take a broom and do
counsel OUP
some spring cleaning in November. We're going to -- Clean
House. 11
We're going to Clean House -- not just so companies spend
less time paying lawyers, and more time creating jobs. Not just
so noms and dads can coach Little League without fear of
lawsuits. We're going to Clean House so we bring down health
care costs, and improve our schools, and take back our streets
from the criminals.//
Now, before I finish, it is worth mentioning, that while I'm
in Waukesha this morning, my opponent is in Harry Truman's
hometown -- Independence, Missouri.
Let's just have some plain speaking about Bill Clinton and
Harry Truman.
When the military called, Harry Truman was proud to serve
his country. No need to say anymore.
SAULT STE MARIE, MI.
MON 07 SEP 92 03:16
PG. 10
8
Harry Truman never engaged in double-speak. He told people
the truth, not merely what they wanted to hear.
My opponent says one thing one day, another the next. On
most issues -- he's turned up in more places than Elvis Presley. //
Whether it was the Soviet blockade of Berlin, or the
invasion of Korea, Harry Truman never flinched from the tough
decision. Contrast that with Governor Clinton's waffling and
wavering -- about whether he would have followed my lead -- and
stood up to Saddam Hussein and his naked aggression./
Harry Truman prided himself on his own military service, he
frequently visited veterans associations, and spoke with great
pride of his service for his country.
Last but not least, Harry Truman believed America could not
turn our back on the rest of the world, even despite challenges
at home. Governor Clinton virtually ignores foreign policy, and
flirts with the dangerous idea of sticking America's head in
protectionist sands.//
Harry Truman was a man of decisiveness, not equivocation.
I doubt he would find little in CORMON with Governor Clinton, a
man who hedges or ducks on almost every tough quuestion, a man
who seens to feel strongly on both sides of almost every issue
before this great nation.//
Many, many people thought Harry Truman would lose in 1948.
But he said what was in on his mind, and he never lost faith in
America.
I stand before you with the same passion, the same faith.
SAULT STE MARIE, MI.
MON 07 SEP 92 03:17
PG. 11
INCLUDING TODAY- THE
ELECTION IS 57 DAYS AWAY;
9
IT 1557 DAYS UNTIL THE ELECIN.
ELECILON DAY Б 58
I will talk about ideas for the next 58 days. Ideas that
DAYS AWAY.
matter. Ideas that can deal with our real challenges. Ideas
that won't make everyone happy, but that will be right for
America.
Like Harry Truman, I believe a new age of America beckons,
and that we can reap the benefits. with your help, like Harry
Truman, come November, we will match our global victory, with
economic security here at home. Thank you for listening. God
bless Wisconsin. God bless the United States of America.
# # #
PAGE
2
1ST STORY of Level 1 printed in FULL format.
Copyright 1992 The Atlanta Constitution
The Atlanta Journal and Constitution
August 26, 1992
SECTION: EDITORIAL; Section A; Page 10
LENGTH: 419 words
HEADLINE: Harry Truman's 1948 victory inspires Bush
BYLINE: Donald Lambro
KEYWORD: presidents; elections; politics; campaigns; george/bush; history;
public; opinion
BODY:
WASHINGTON - George Bush really believes that this year's campaign will be
like 1948 when Harry Truman defeated New York Gov. Thomas Dewey in one of the
greatest come-from-behind presidential victories in history.
Then, as now, an unpopular incumbent was challenged by an attractive governor
who had shot ahead in the polls. And everyone was predicting, just as they are
now, that Truman would be defeated.
Bush not only identifies himself with Truman's legendary feat, he seems to
actually relish the prospect of being forced to run the grueling gauntlet that
now lies before him.
Indeed, the president admits that when he read David McCullough's best seller
on Truman, he flipped ahead to the chapter on the '48 campaign first.
Then, as now, my colleagues in the media seem to be unanimous that Bush has
already lost this election. But these were the same whiners who underestimated
him in 1988 and who believed in July of that year that Michael Dukakis would
clean his clock. Yet, just like Truman, Bush not only knows most of these
pundits, he doesn't think much of their political intelligence.
A close Bush associate says that one of the president's favorite stories in
McCullough's chapter on the '48 campaign is the one in which Truman saw his
adviser Clark Clifford picking up the latest copy of Newsweek during a
whistle-stop trip through Indiana. It was just three weeks before the election,
and everyone knew that the magazine was going to run the results of a poll of 50
of the nation's most respected political writers.
"Of the writers polled, not one thought Truman would win," McCullough wrote.
AS the train pulled out, Clifford hid the magazine. Às he walked past the
president, Truman said, "What does it say?" Clifford pretended he did not know
what Truman was talking about, until Truman made it clear that he had seen him
buy a copy.
"So I handed it to him," Clifford related. "And he turned the page and looked
at it (and) he said, 'I know every one of these 50 fellows. There isn't one of
them has enough sense to pound sand in a rat hole.
"
LEXIS:NEXIS®
LEXIS·NEXIS®
LEXIS·NEXIS®
Services of Mead Data Central, Inc.
Recyclable
PAGE
3
1992 The Atlanta Journal and Constitution, August 26, 1992
Truman proved the pundits wrong by doing two things extremely well: He
relentlessly pounded home his message and he raised doubts in the minds of
voters about what would happen to the country if the opposition party took over
the entire government.
That is Bush's task if he wants to replicate Truman's victory.- - (c1992.)
Donald Lambro is syndicated by the United Feature Syndicate. His column
appears in The Journal occasionally.
LEXIS:NEXIS®
TM
LEXIS·NEXIS®
LEXIS·NEXIS®
Services of Mead Data Central, Inc.
Recyclable
PAGE
4
2ND STORY of Level 1 printed in FULL format.
Copyright 1992 News World Communications, Inc.
The Washington Times
August 20, 1992, Thursday, Final Edition
SECTION: Part E; COMMENTARY; Pg. E1
LENGTH: 866 words
HEADLINE: Reaching for a stunner ;
A cue from Truman
BYLINE: Donald Lambro; THE WASHINGTON TIMES
BODY:
George Bush really believes that this year's campaign will be like 1948 when
Harry Truman defeated New York Gov. Thomas Dewey in one of the greatest
come-from-behind presidential victories in American history.
Then, as now, an unpopular incumbent president was being challenged by an
attractive, articulate governor who had shot ahead in the polls. And virtually
everyone was predicting, just as they are now, that Truman would be defeated.
Mr. Bush not only enthusiastically identifies himself with Truman's
legendary political feat, the former World War II fighter pilot seems to
actually relish the prospect of being forced to run the grueling gauntlet that
now lies before him.
Indeed, the president admits that when he read David McCullough's best
seller on Truman, he flipped ahead to the chapter on the '48 campaign first.
It
obviously has had an enormous impact on him, judging from the new, combative
spirit he has shown in Houston.
In fact, both in tone and substance, Mr. Bush, like Truman, seems to have
turned his misfortunes into a test of his strength of character, his endurance
and his ability to enter combat under fire and emerge victorious.
Then, as now, my colleagues in the news media seem to be unanimous that Mr.
Bush has already lost this election. But these were the same whiners who
underestimated him in 1988 and who really believed in July of that year that
Michael Dukakis would clean his clock.
Yet, just like Harry Truman, Mr. Bush not only knows most of these
political pundits, he doesn't think much of their political intelligence.
A close Bush associate says one of the president's favorite stories in
McCullough's chapter on the '48 campaign is the one in which Truman saw his
trusted adviser Clark Clifford picking up the latest copy of Newsweek magazine
during a whistle-stop train trip through Indiana.
It was the morning of Oct. 12, just three weeks before the election, and
everyone knew that the magazine was going to run the results of a poll of 50 of
the nation's most respected political writers.
LEXIS:NEXIS®
LEXIS-NEXIS®
LEXIS:NEXIS®
Services of Mead Data Central, Inc.
Recyclable
PAGE
5
The Washington Times, August 20, 1992
"Of the writers polled, not one thought Truman would win," Mr. McCullough
wrote.
"The landslide for Dewey will sweep the country," Newsweek predicted.
AS the train was leaving the platform, Mr. Clifford hid the magazine under
his coat as he entered Truman's car. As he tried to walk past the president,
Truman said, "What does it say?" Mr. Clifford pretended he did not know what
Truman was talking about, until the president made it clear that he had seen him
get off and walk into the station to buy a copy, adding that he was pretty sure
"you may have it under your jacket there."
"So I handed it to him," Mr. Clifford related. "And he turned the page and
looked at it
[and] he said, 'I know every one of these 50 fellows. There
isn't one of them has enough sense to pound sand in a rat hole.
"Truman put the magazine aside and made no further mention of it," Mr.
McCullough writes. "It just seemed to bounce right off of him," Mr. Clifford
remembered.
Truman proved the pundits wrong by doing two things extremely well in that
famous campaign: He relentlessly and unambiguously pounded home his political
message for change and he raised substantial doubts in the minds of the voters
about what would happen to the country if the opposition party took over the
entire government.
That is Mr. Bush's considerable task if he wants to replicate Truman's
victory. And both he and his party showed this week that they have not
forgotten how to mount an effective and withering counteroffensive.
Despite the media's predictable trashing of one of the most conservative
party platforms in modern memory, Mr. Bush's forces did one very important
thing at this week's convention with that document: It helped them glue back
their party's once-fractured conservative base by reminding them why they had
backed George Bush in 1988.
Whatever differences he may have with it around the edges, Mr. Bush
embraces the core economic, cultural and national defense principles of his
party's dominant right wing and they, in turn, have gathered around him again to
repel the Democrats' renewed assault on 12 years of Republican rule.
Meantime, Pat Buchanan, the GOP's fiercest conservative warrior, delivered
the kind of political red meat against Mr. Clinton's candidacy that helped to
pump up the party's rank-and-file for the fight ahead. Ronald Reagan, the
godfather of the American right, pulled off another eloquent, last hurrah to
summon his party once more to follow his hand-picked heir into the political
breach.
But now it is for Mr. Bush alone to chart the course of his campaign,
define his opponent and persuade Americans to follow his agenda for change.
Like Truman, he is not an eloquent speaker, but like the man from Missouri he is
a gutsy fighter who has known both military and political combat from which he
has come from behind before.
LEXIS:NEXIS®
LEXIS·NEXIS®
LEXIS·NEXIS®
Services of Mead Data Central, Inc.
Recyclable
PAGE
7
6TH STORY of Level 1 printed in FULL format.
The Associated Press
The materials in the AP file were compiled by The Associated Press. These
materials may not be republished without the express written consent of The
Associated Press.
October 27, 1988, Thursday, AM cycle
SECTION: Political News
LENGTH: 654 words
HEADLINE: Another 1948 Not Likely Say Those Who Were There
BYLINE: By CHRISTOPHER CONNELL, Associated Press Writer
DATELINE: WASHINGTON
KEYWORD: Upset of '48
BODY:
Graying veterans of Harry Truman's 1948 presidential campaign celebrated
anew the triumph the experts said was impossible, but offered scant hope to
Democrats looking for a repeat in 1988.
They were wild about Harry all over again at Wednesday night's reunion at the
National Press Club, where they gathered to watch a public television
documentary on "The Great Upset of '48."
The show will air nationally Tuesday night.
Thomas E. Dewey, the governor of New York, was 50 confident of victory and so
far ahead in the polls he didn't begin campaigning until Sept. 19. He skirted
issues, prompting reporters to speculate that his middle initial stood for
"Elusibert J. Donovan, who covered the race for the New York Herald Tribune.
Truman, the onetime haberdasher from Missouri, had inherited the Oval Office
when Franklin D. Roosevelt died in 1945, but the Democratic Party was
splintered, with Henry Wallace running on Truman's left and Dixiecrat Strom
Thurmond, then governor of South Carolina, on his right.
The incumbent's campaign got off to a hapless start, with Truman addressing a
half-empty hall in Omaha, Neb., dedicating an airport in Idaho to the wrong
person and pronouncing Josef Stalin "a decent fellow" in Oregon.
But Truman also relentlessly pummeled the "do-nothing" Republican Congress,
vetoed the Taft-Hartley bill to shore up labor support, appealed to farmers and
stood fast for civil rights.
Truman picked up an endorsement from a movie actor named Ronald Reagan,
president of the Screen Actors Guild, who said in a radio ad he was "more than a
little impatient with those promises the Republicans made before they got
control of Congress a couple of years ago."
LEXIS:NEXIS®
LEXIS·NEXIS®
LEXIS·NEXIS®
Services of Mead Data Central, Inc.
Recyclable
PAGE
8
The Associated Press, October 27, 1988
So daunting was Dewey's lead that the Roper organization did not bother to
survey after early September.
"The polls were completely wrong," said Eric Sevareid, then a CBS Radio
reporter, who recalls the big crowds that turned out as Truman's train, the
Ferdinand Magellan, covered 31,000 miles across America.
"We began to think, 'Something is going on here,' but none of us had enough
guts to go bet even at 9-1," said Sevareid.
Clark Clifford, Truman's counsel, recalled that if someone didn't
spontaneously shout "Give 'em hell, Harry" in the first minute of Truman's
speeches, the campaign staff would dispatch someone to do the job.
"It was called priming the pump," said Clifford.
After the severe-looking Dewey was ridiculed by tart-tongued Alice Roosevelt
Longworth as "the little man on the wedding cake," campaign manager Herbert
Brownell urged the New York governor to shave off his mustache.
But Mrs. Dewey said no. "She thought that was trimming his sails for
political purposes," Brownell told the documentary-makers.
Newsweek magazine canvassed 50 top political writers, and every one picked
Dewey. Truman laughed it off, saying he knew all 50 and "not one of them has
enough sense to pound sand in a rat hole. "
On election night, Nov. 2, 1948, legendary NBC Radio announcer H.V.
Kaltenborn assured Americans that despite an early lead for Truman, Dewey would
prevail "when the outlying districts are reported."
When editors at the Chicago Tribune heard that broadcast, they ordered the
presses to roll with the headline, "DEWEY DEFEATS TRUMAN" - and created a
collector's item that Truman held up in jubilation the next day after his 2
million-vote victory.
Is there a lesson in all this for the 1988 race, when most polls now point to
a big lead for George Bush over Michael Dukakis?
If Truman were alive, "he'd be giving hell to both candidates for waging one
of the sorriest campaigns of this century," said Paul Duke, the narrator of the
documentary and host of public television's "Washington Week in Review."
Donovan observed, "The trouble from Dukakis' point of view is that Bush knows
the Dewey story, too. A lot of people have learned a big lesson from Tom Dewey.
George Bush is one of them."
LEXIS:NEXIS®
LEXIS-NEXIS®
LEXIS-NEXIS
Services of Mead Data Central, Inc.
Recyclable
SAULT STE MARIE, MI.
MON 07 SEP 92 03:11
PG.01
WHITE HOUSE
SITUATION PROOM
1992 SEP - 0 PM II: 48
UNCLAS
(CLASSIFICATION)
CIRCLE ONE BELOW:
MODE:
IMMEDIATE
SECURE FAX # 02
PAGES 10
PRIORITY
DTG
ADMIN FAX #
ROUTINE
RELEASER
FROM / LOCATION: CHRISTINA MARTIN
ACTION / LOCATION:
TIME OF RECEIPT
1. JEANNIE BUNTON
07032325ept
2.
3.
4.
5.
6.
INFORMATION / LOCATION:
1.
2.
REMARKS:
UNCLAS
(CLASSIFICATION)
GS-8
SAULT STE MARIE, MI.
MON 07 SEP 92 03:12
PG.02
UNCLAS
TO: JEANNIE BUNTON
111.5 OEDB
x7750
FROM: CHRISTINA MARTIN
JB- PLS FACT CHECK
REVEW,
WHITE HOUSE
SITUATION ROOM
PRECEDENCE: URGENT IMMEDIATE
RELEASER:
PRIORITY
ROUTINE
DTG:
MESSAGE NO.
CLASSIFICATION UNCLASS
PAGES
2
FROM
J BUNTON
7750
111.5
(Name)
(Phone Number)
(Room No.)
MESSAGE DESCRIPTION
TRUMAN QUOTE AND CONTEXT AS
IT APDEARS IN Mc CHUOUGH'S Book
LOCATION
DELIVER TO
AF /
CHRISTINA MARTIN
AF /
STEVE PROVOST
REMARKS:
BE SURE TO READ PASSAGES I'VE NOTED,
FOR ACCURACY OF AND CONTEXT OF
TRUMAN'S QUOTE ABOUT THE PRESS.
JB
:
SEP
7:46 No 001 P.03
DAVID Mc CULLOUGH "TRUMAN"
TRUMAN
sand, In what was reported in the national press as "the biggest political
show in the city's history," everyone "cheering wildly" as Truman passed.
The Akron Armory was packed. It was the perfect, grand finale for the day
and Truman was radiant.
"1 have lived a long time-64 years-and 1 have traveled a lot," he told
the crowd, "but 1 have never seen such turnouts as 1 have seen all Over
this great country of outs The Republicans have the propaganda and
the money, but we have the people, and the people have the votes. that's
why we're going to win!"
Reporters traveling with Truman agreed 11 had been one of if not his
best day of the campaign. By conservative estimates, the day's crowds
totaled 100,000 people, even before Akron.
just
By eleven that night he was back on the train and heading west again.
At 8:00 A.M. the next morning, at Richmond, Indiana, he was out on the
the
reat platform ready to start another day:
8H
sign
It had been known for some while that Newsweek magazine was taking
a poll of fifty highly regarded political writers, to ask which candidate
ber
they thought would win the election. And since several of the fifty had
then
been on the train with Truman during the course of the campaign-
Hon
Marquis Childs, Robert Albright of the Washington Post, Bert Andrews
wer
of the New York Herald-Tribune-there had been à good deal of spec-
A
ulation about the poll. It appeared in Newsweek In the issue dated Octo-
wel
ber 11, and on the morning of Tuesday, October 12, three weeks before
Ing
election day, at one of the first stops In Indiana, Clark Clifford slipped
off the train to try to find a copy before anyone else. The wothan at
the station newsstand pointed to à bundle wrapped in brown paper, tell-
ing him to help himself. "And there it was!" remembered Clifford years
afterward.
Of the writers polled, not one thought Truinan would WIA. the vote
CONTEXT
was unanimous, 50 for Dewey, 0 for Truman. "The landslide for Dewey
will sweep the country," the magazine announced. Further, the Republi-
In at
cans would keep control in the Senate and Increase their majority in the
House. The election was as good as over.
sixty
close
Returning to the train, Clifford hld the magazine under his coal. with
At
the train about to leave, the only door still open was on the rear platform.
Stan
of t
So I walked IM. President Truman was sitting there, and so 1 cheerily
said, "Good morning, Mr. President." He said, "Good morning, Clark."
And 1 said, "Another busy day ahead" "Yes," he said So 1 walked off
and 1 got almost by him when he said, "What does It say?" And I
694
SEP 07
7:47 NO. 001 04
MR. PRESIDENT
ne biggest political
said, "What's that, Mr. President?" He said, "What does it say?" And I
as Truman passed.
said, "Now what does what ?" He said, "I saw you get off and go into
d finale for the day
the station. I think you probably went in there to see If they had a copy
THE
of Newsweek magazine." And he said, "I think It is possible that you
QUOTE
veled A lot," he told
may have it under your Jacket there, the way you're holding your arm."
have seen'all over
Well, I said, "Yes, sir."
So I handed it to him
19 propaganda and
And he turned the page and looked at it
YE the votes Thar's
[and] he said, "I know every one of these 50 fellows: There isn't one of
them has enough sense 19 pound sand in a rat hole."
n one of If not his
the day's crowds
Truman pur the magazine aside and made no further mention of it. "Il
lust seemed to bounce right off of him," Clifford remembered.
eading west again
he was QHI on the
There were three stops in Indiana, four crossing Illinois, where farmers
on tractors wayed small flags or held up hand-lenered "Vote for Truman"
signs.
agazine was taking
"1 was with Truman in the central part of the state," wrote Paul Douglas
K which candidate
Democratic candidate for the Senate. "There was great applause, and
ral of the fifty bad
there were constant shouts of Give 'em hell, Harry' and he was at
If the campaign-
home with the crowd he was simple, unaffected, and determined. We
lost, Ben Andrews
were proud of him."
good deal of spec-
At Springfield after dark òld-time campaign flares burned, the streets
issue dated Octo-
were filled with people. No one could come to Springfield without think
ree weeks before
Ing of Abraham Lincoln, Truman sald in his speech
Clifford slipped
The woman at
I just wonder tonight, as I have wondered many times in the past, what
rown paper, tell-
Lincoln would say If he could see how far the Republican party has
departed from the fundamental principles in which he so deeply be-
ed Clifford years
lleved. Lincoln came from the plain people and he always believed in
them
Hld win The vote
ndslide for Dewey
He crossed Into Wisconsin and Minnesota. At Duluth, where he rode
rther, the Republi-
in an open car with Hubert Humphrey, fully half the population, some
eir majority in the
sixty thousand people, lined Superior Street for two miles, crowding so
close In places that the car brushed their clothes.
der his coat, With
At St. Paul, an overflow crowd at Municipal Auditorium whistled,
the rear platform.
stamped, and shouted as he delivered one of the best fighting speeches
of the campaign.
and SQ I cheerlly
morning, Clark."
Now, I call on all liberals and progressives 10 stand up and be
So 1 walked off
counted for democracy In this great battle This is one fight you
es 11 say?" And I
must get in, and get in with every ounce of strength you have. After
695
David McCullough
TRUMAN
The White House
7/28/92
SIMON & SCHUSTER
New York London Toronto Sydney Tokyo Singapore
09/04/92 18:40
202 514 0468
ATTORNEY GENERAL
001
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
Changes noted
on 9/5/92
97 SEP 4 FACSIMILE COVER SHEET
3:30pm 2011
second edit vers
9/4
Jo
DATE:
TRANSMITTED TO:
White Hours Speechwriting
TELEPHONE NUMBER: 202-456-
2930
FAX NUMBER: 202-456-
6218
TRANSMITTED FROM:
Eugene Scalia
Assistant to the Attorney General
Office of the Attorney General
Room 5119
U.S. Department of Justice
Washington, DC 20530
(202) 514-2291 or FTS 368-2291
(202) 514-0468 (Fax)
PAGES BEING SENT (EXCLUDING COVER SHEET):
9
MESSAGE/COMMENT:
09/04/92
18:41
202 514 0468
ATTORNEY GENERAL
002
Office of the Attorney General
Washington, D. C. 20530
September 4, 1992
MEMORANDUM TO: PAUL KORFONTA
FROM:
EUGENE SCALIA
DS
SUBJECT:
WISCONSIN PRODUCTS LIABILITY SPEECH
I am faxing pages on which the Justice Department has
comments. Explanations follow. Some of the substantive changes
carry great significance. Bear in mind that the bar has been
aggressive in attacking the numbers used in this argument.
DEVETED
Page 3: We cannot verify the comparison of law students to
others.
We have no reliable report that the average case takes a year.
(We have a median at 9 months.) I have proposed a fudge, but
recognize its weakness.
Bottom of page 4: Delete reference to accountant suits because
the surge is due to suits arising out of the S & L mess, with a
very high portion being brought by the federal government.
Page 5: The "individual legal crisis," and the defendants you
place in it, are new to me. The distinction you are drawing is
RE-WRUTEN
between procedural and substantive problems: how about, "The
first is that the rules governing lawsuits in this country need
drastic overhaul."
Our legislative proposal is to experiment, in certain federal
weilth
cases, with the English Rule. I think we can be made to squirm
if we do not leave this out for ourselves, and instead call for a
universal English Rule.
last two paragraphs are hard to follow. I've proposed
but I'm not sure what was intended.
09/04/92
18:41
202 514 0468
ATTORNEY GENERAL
003
Page 6: The system does not protect consumers "not at all."
GRADH IS
Similarly, it is not credible that we would be safer without
product liability law, or that only lawyers benefit. (If so, no
one would bring suits!) Whoppers this big the President will get
called on.
We can't verify lawyers' take in products liability cases heard
by juries. We can suggest: "Nearly half [42 percent] of the
legal fees and expenses in tort cases end up in the pockets of
lawyers."
We cannot verify the liability cost figures. We can offer:
"Tort costs in the U.S. take a bite out of our GNP six times as
big as their effect on Japan's, and 5 times as big as the effect
FROM
of tort costs on Britain's GNP."
PLCC
STUPY MAY 92
Page 7: We do not want one product liability law. Such a broad
GRAPH RE-WRITEN
statement by the President will be quoted on the floor of the
Senate, and will hurt us.
We cannot verify that only U.S. and Britain have punitive
damages; I doubt it (Australia?).
RE-WRITTEN
Page 8: No one here believes that a product liability bill has
passed the House -- check this statement carefully.
09/04/92 18:42 202 514 0468
ATTORNEY GENERAL
5
004
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 ; 2:12PM ;
OPD-
202 514 0468:# 4
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 i 14:58 ;
The white House-
OPD;8 4
3
These stories may make us chuckle, but they make me werry,
Worry that our nation is in the grips of a litigation explosion -
- and it's impact is being felt everywhere.
Let no be clear -- I have nothing against lawyers. They are
an assential part of our society -- and the majority of legal
professionals work with integrity and honor. But lets consider a
faw facts.
The number of lawyers has almost doubled in the past 20
years. Would you believe the U.S. has more lawyers than West
BONAS
DELETED
Germany, Canada, England, Wales, Japan, Switzerland and France
more then
combined? Wall, we don't. We have twice as many lawyers as all
can't
those countries. And this year, more people will graduata from
verify
law school than from engineering, medicine and computer programs
combined.
What do all these lawyers do? Lots of things. But
primarily they sue. In the past 20 years, the number of
more than
lawsuits filed often in federal courts has doubled. Today, the
average case takes a year to be resolved -- and in the past year
alone -- the number nearly of cases that were pending for 3 years,
increased by 15 percent.
(Think about what that means. You can file a suit, and have
time to enroll in law school, study three years, graduate, and
represent yourself in court on the day the decision is reached.)
What does this litigation explosion cost our economy? Well,
the National Association of Manufacturers has just finished
looking at that question. According to a soon to be released
09/04/92 18:43 202 514 0468
ATTORNEY GENERAL
1
005
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 : 2:12PM ;
OPD->
202 514 0468:# 5
SENT BY:Xerox Telecopier 7020 ; 8- 4-02 ; 14:58 ;
The White House-
OPD:# 5
4
study, American companies spend $200 billion dollars on direct
costs to lawyers. Keep in mind, that doesn't even count the
lawyers on their own payrolls, or the money they and up paying in
court settlaments.
($200 billion sounds like a lot of money -- and believe me,
it is. American businesses now spend more on insurance, lawyers
and legal fees -- than on training our workers for the new
economy.)
Now, all these numbers and stories are impressive, but you
might ask -- what does it mean to me? If you look around
Waukesha and Wisconsin, you'll see examples -- of how the legal
crisis has crept into every crevice of our lives.
Ask Jack Perry, coach of football Spartans -- at East
Brookfield High school.// Today, I'm told Jack and his team pay
about $150 bucks for every football helmet -- ten years ago they
paid about a third of that. Why the price increase? Because 18
companies in 18 years have stopped selling helmets, because they
can't afford the insurance. (Before this is over, we may go back
to the days of Jim Thorpe -- when people played football without
helmets. We will call that -- "prograss.")
or ask Nike Yaktus of Madison. Mike is & CRA, and he BRYS
WAS
that so many peòple now sue accountants at the drop of a number DELETED
that this year four out of ten accountants in Wiscomsin are going
without insurance. The rest? They just pass the extra cost on
to you their customers
09/04/92
18:43
202 514 0468
ATTORNEY GENERAL
006
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 : 2:13PM ;
OPD-
202 514 0468:# 6
SENT BY:Xerox Talacopier 7020 : 1- 4-92 : 14:59 :
The White House-
OPD:# 8
9
You know the legal crisis has touched everyone -- when it
becomes a topic of discussion for one of the noted commentators
on the American scene. I'm not talking about Mike Royko or Ted
Koppal. I'm talking about Hulk Hogan.
My grandkids tell me that in a movie last year -- Hulk Mogan
asks the bad guys if they are going to beat him up. And the bad
guys say -- "No, this is the nineties. We are going to sue you!"
What is America coming to? Às a nation -- isn't it time
that we sue each other less -- and CATE for each other more?//
We are up against two problems really. The first is the
individual legal crisis -- crazy lawsuits against volunteers,
M
teachers, doctors, coaches.
I've put forward a comprehensive reform of our civil Justice
System -- complete with specific proposals to solve disputes
outside of the courthouse, to speed the disrovery legal process, to control
SENTENCE
150- called experts in preudo [or junk] sciences,
DELETED
the use of Suport withesses, to control outrageous punitive
end
damages. And I believe we should COPY practice from our
experiment with
friends in Britain -- and make the loser pay the winner's court
awards
fees. I have a feeling that would put a stop to people who just
use the courts as harassment -- an expensive equivalent of a car
/
?
horn.
this was
re-drafted
But an equally and important problem is what we call product
liability
as a result
the insurance businesses must pay/to protect against
suits
suits, damages caused by their products and services.
supposedly
You might think * we need that protection, and you're right
based
on
⑉⑉ but the system is out of control.
to be obli to sue in 10st
it injuries from products
09/04/92
18:44
202 514 0468
ATTORNEY GENERAL
007
SENT BY:Xerox Telecopier 7020 : 9- 4-92 ; 2:13PM ;
OPD->
202 514 0468:# 7
SENT BY:Xerox Telecopier 7020 : 8- 4-82 : 14:58 :
The White House-
OPD:# 7
Our current product liability system consumers. orten harms
6
Does our current product lisbility system protect the
deleted
consumer's interests. Not all at all. Instead, we pay higher
andorre-
written
prices for everything from medicine to step ladders -- and
companies get discouraged from even coming up with new products
of unanticipated wrinkles in
Their
changed
- for fear they'll get sued because the new products are safer
innovation
than the old ones.
or
Well, what about people who are injured by a faulty product,
because
can't
and get a court award -- don't they benefit? Some do. But, more
verify
than half of all jury awards in product liability cases, ends up
in the pockets of lawyers, not regular people. See bullet 20/ memo
These exressive lawsuits
from Scalia @ DOJ
Well, at least product liability leve keep us safer, right?
Again, the answer is no. In Europe, Volvo offers parents a
built-in child safety seat. You can't buy it here in the U.S.
The company doesn't want to deal with our laws.
Our current product liability system is expensive, unsafe,
and of benefit principally to
and it only benefits lawyers. But we could still afford this
mess -- if we were back the 1950's -- and our workers and
companies faced no foreign competition.
Today, we don't have the luxury. Liability costs are 15
times greater than that in Japan, and 20 times greater than that
can't
in Europe. our businesses -- especially our small businesses --
verify
are staggering under a weight our competitors don't even carry.
The money we spend on legal explosion, is money ve don't
spend on training, education, research, investment. It means the
difference between no jobs for our kids -- and good jobs for our
kide.
09/04/92 18:45 202 514 0468
ATTORNEY GENERAL
1
008
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 ; 2:14PM ;
OPD-
202 514 0468;# 8
SENT BY:Xerex Telecopier 7020 ; :- 4-92 : 15:00 ;
The White House-
OPD:# 8
7
We have got to do something about this.
We have ideas to speed the legal process -- and settle more
on
cases out of court -- which will help everyone.
And we want to have one national product liability law
instead of the confusing 50 (ones) we have today. We want to put
?
& cap on punitive damages -- which don't even exist outside the
want
U.S. and Great Britain. NO wait to make it tougher for people re gatters
to sue everyone involved with a product for all the damages,
X
We
of
want to bring some rationality to the system.
actual
The plan is pro-consumer, pro-business, pro-safety, and pro- fault.
jobs. The experts agree with us.
so what's the problem? Why do we still face this crisis?
In a term, the Gridlock Congress.
I know you are sick of the blame-game in Washington, but
keep this in mind. Many members of Congress were once trial
lawyers. (Being & radio D.J. is about the only better training
you can find.)
/
0
Like my opponent, Governor Clinton ⑉⑉ many members of
Congress get their campaign funds from trial lawyer
organisations. so in many Congressional offices -- the only
thing that gethers more attention than a TV camera -- is a lawyer
in tasselled loafers.
That's why product liability reform has been blocked. Not
just for my three and a half years in office, but for almost a
decade.
09/04/92 18:45 202 514 0468
ATTORNEY GENERAL
5.
009
SENT BY:Xerox Telecopier 7020 : 9- 4-92 ; 2:14PM ;
OPD-
202 514 0468:# 9
SENT BY:Xerox Telecopier 7020 : 8- 4-92 : 15:00 :
The White House-
OPD:# U
8
But this week, we have & chance -- to make our workers more
competitive with the Japanese and the Germans.
Product liability reform will be up before the U.S. Senate.
And
It's passed the House as and we believe we have the votes -- to
A
pass the Senate.
But there's a catch -- something called "cloture." Now
cloture sounds like something a doctor would give you to keep a
wound shut. But it's not. It's the number of votes it takes --
to stop debate in the U.S. Congress. (As you can imagine,
getting Congress to stop talking requires a little effort.)
We're not sure we have the votes for cloture. And here's
the irony -- Congress may be able to stop the greatest legal
reform in a decade -- by using a legal loophole.
I need your help. I need & labor day present for the
American economy, and for the jobs of the future.
I need you to get on the phone and let Congress know, the
American people are tired of reading about crazy lawsuits. Tired
of high prices. Tired of unsafe products. Most of all, we're
tired of loosing jobs to the Europeans and the Japanese.//
What troubles me so about our litigation crisis, is that it
is so at odds with the true nature of America.
By suing each other for every insult every incrimination,
every injury ⑉⑈ we naively attempt to rid our world of risk.
Yes, we should not be reckless, but risk is part of life, part of
America.
09/04/92 18:46 202 514 0468
ATTORNEY GENERAL
1.
010
SENT BY:Xerox Telecopier 7020 ; 9- 4-92 ; 2:15PM ;
OPD-
202 514 0468;#10
VENT relection IVEV ⑈ 4-02 15:07 i
the white House-
OPD:#10
9
Think about it. As a nation we bring together people of
every color and every cread -- but all of us have the same
background in this respect. At some time, as our ancestors
looked at their lives and said -- lets take a risk, take a chance
on something alse.
But what would have happened -- if Columbus had sued the
sailmakers of the Santa Maria? What if immigrants in 1903, had
tried to win pain and suffering damages -- because the floor on
Ellis Island had hurt their backs?
We cannot rid our world of risk, nor do we want to. Today,
H appeal to the common sense of the American people -- to take a
stand for America's values, and give our workers a chance to
compete in the world economy.
Wisconsin
Thank you for listening. God bless Michigan. God Bless the
United States of America.
# # #