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Legal Reform 9/7/92 [OA 7579] [2]
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323154222
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Legal Reform 9/7/92 [OA 7579] [2]
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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Speech Backup Chronological Files
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Originally Processed With FOIA(s):
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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 Backup Files
Subseries:
Chron File, 1989-1993
OA/ID Number:
13830
Folder ID Number:
13830-005
Folder Title:
Legal Reform 9/7/92 [OA 7579][2]
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26
22
7
6
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
SEP 01 '92 15:11 WAUKESHA COUNTYA
P.2
WAUKESHA COUNTY GOVERNMENT:
1846 TO PRESENT
In April of 1846 Waukesha County was formed with sixteen townships.
Supervisors representing each of the sixteen towns were also elected in April, and by
territorial statute were required to: 1) organize a county board; 2) elect officers; and to
3) provide for and build necessary county buildings.
The first county board met on June 8, 1846, and elected Curtis Reed as
Chairman. It also voted Waukesha as the county seat after the twenty-fifth ballot with
nine votes to seven, Vamid a shout never to be forgotten by those who heard it. The
county scat was originally called Prairieville, and later changed to Waukesha (a
corruption of the Pottawatomie word for !Mfox"). The last official act of this meeting
of the first Waukesha County Board was to provide $2.50 to clean the church where
they had met and to replace a broken water pitcher.
In 1965 the Wisconsin State Supreme Court ruled that county boards must
equitably represent the population, and the Waukesha County Board switched to
supervisory districts that represented an equal number of citizens, rather than the units
system used previously. The Board still remained at the center of county government
in its dual capacity as a legislative and executive agency. Most of the work was carried
out in committees. The Chairman of the county board was elected for a two-year term,
and was primarily responsible for seeing that county government met its statutory
obligations and the needs of people locally.
In April of 1990 a now form of county government was established. The first
county executive was elected by the voters of Waukesha County to take over the
administrati functions of county government. The county board reorganized to better
reflect this new form of governing The county executive also has the ability to veto
actions of the county board, and to appoint members to advisory boards and commis-
sions.
Waukesha County continues to expand in its dual capacity as an arm of the
state government and as a vital instrument for local government in serving Waukesha
County citizens.
16
SEP 01 '92 15:12 WAUKESHA COUNTYA
P.3
History
History
The inspiring beauty of Wisconsin's land-
of the West. For nearly forty years, people from
scape eluded all but the poetry of the Native
all over the country, including Mrs. Abraham
American tongue. Waukesha is no exception, it
Lincoln and President Ulysses S. Grant, came to
takes its name from its first inhabitants, among
the plush resorts to vacation and drink the
whom were the Potawatomi,
miracle water.
Menomonee and
While visiting Waukesha, you can catch
Winnebago Indians.
glimpses of this bygone era in the many parks,
Waukesha is most
museums and carefully restored architecture of
commonly translaced to
the downtown district.
mean "by the little Fox."
Downtown Waukesha
Settlers came to farm
the soil made fertile by
According to popular belief, the streets of
thousands of years of glacial
downtown Waukesha are laid upon the worn
activity. Waukesha attracted a
paths of its early Indian inhabitants. These
variety of immigrants such as Germans and
streets today converge at the "five points," where
Norwegians who brought their unique language
there now
and way of life TO the area.
stands a
replica of the
The hard working community would soon
find itself surrounded in the aura of a legend. In
springhouse
reminiscent of
1868, Colonel Richard Dunbar, who was ill with
Waukesha's
diabetes, came CO Waukesha and discovered the
resort cra.
"healing effects" of a natural water spring.
Claiming that he was cured after drinking the
As activity and commerce flourished in
water, he bought the land around the spring and
Waukesha, so did its architecture. The beauty
started bottling the water. Soon, resorts sprang
and variety of design in downtown Waukesha
up and Waukesha became known as the Saratoga
can be enjoyed during a self-guided walking tour.
4
3
SEP 01 92 15:13 WAUKESHA COUNTYA
History
History
Old World Wisconsin
Both the trained eyes and the novice will appreci-
One of the Finest outdoor living museums in
ate the striking lines* and ornaments of buildings
the nation is within 30 minutes of Waukesha.
ranging from French and Italian scyles to the
omate Victorian
Plodding horses pull wrought iron through
Gathic sryle. These
fertile soil of the Kettle Moraine, hickory smoke
carefully preserved
fills cabins, and the leathery face of the black-
and restored build-
smith is a familiar sight at Old World Wiscon-
ings stand tribute to
sin. The homes, shops, and gathering places of
the character of the
the early pioneers have been relocated into
people who have built
authentically landscaped communities. Cost
this welcoming
rumed workers tell stories of the past while
community. Bro-
practicing their trades, planting the fields,
chures for the walking tour are available at the
preparing meals, and rending to chores. Festivals
Waukesha County Historical Museum.
and historical re-enactments are celebrated in the
Spring, Summer, and Fall.
The Waukesha County Historical Museum
not only showcases the area's history, ic is a part
The
of that history. Ir has been housed at its current
576
location since 1914. At that time, it occupied
wooded
one room of the county courthouse, constructed
acres are
in 1893. Today, the entire first floor exhibits
home to
photographs, artifacts, and continually changing
more
displays. The courthouse itself has long since
than 50
been moved to a modern facility, but the original
historic buildings assembled into 10 farmsteads
limestone structure stands today as an extraordi-
and an 1870's crossroads village. Come and
nary example of Romanesque architecture.
experience the rich ethnic culture and life-style of
Admission to the Waukesha County Historical
carly secders at Old World Wisconsin.
Museum is free.
5
6
96 15:14 WAUKESHA COUNTYA
P.5
History
Shopping
Neighboring Communities
Explore the many unique
96909
In nearby Muskego, the Old Settlement
shops lining the streets of
Waukesha's Down-
Center features an 1880 farmhouse with period
town Historic
furnishings, a barn with antique equipment, an
District. The aroma
1884 schoolhouse and a one-room log cabin.
of potpourri will lure
It was not long ago when weary settlers
you inside the
rested in places like Delafield and Waterville on
country craft stores.
their way to Milwaukee. Imagine what it was
Shops specialize in
like in the mid-1800's before automobiles and
everything from antiques to
freeways. Hawks Inn is a restored 1846 stage
dolls, clocks to cookware, and at variety
coach inn located in Delafield that will acquaint
of local ethnic gifts. For the traditional shopper,
you with the rigots of travel during that era.
apparel and jewelry stores offer the latest styles.
Also nearby is the oldest brick house in
Work has already begun on a multi-million
Waukesha County, now located at the
dollar river front development. Walkways,
Mukwonago Museum. Built in 1842, the house
parks, and scenic areas will enhance the natural
is decorated in Civil-War period stvle.
beauty of the Fox River and add further appeal
to this unique shopping area.
The Old Falls Village Museum in
Menomonee Falls contains 8 special exhibits
Venture out to one of a number of readily
including an 1851 schoolhouse, an 1873 farm-
accessible malls in the area once you have
house, and an 1890 depor.
completed
your
The neighboring community of Pewaukee
downtown
opens the doors of the 1844 Mosley Clark Stage
shopping.
Coach Inn - the first hotel built in the lake
community - in the Summer of 1993.
7
8
01 15:14 WAUKESHA COUNTYA
P.6
An abundance of recre-
begins on South 124th Street at the Waukesha/
ational activities await
Milwaukee county line and continues to
people of all ages
Springdale Road in Waukesha.
and interests.
The Bugline Recreation Trail is a 10.8 mile
Waukesha has it all!
excursion running from Appleton Avenue in
Menomonee Falls to a turnabout point 2 miles
Biking
west of County J in Sussex.
Miles of great bike
trails for riders of all
Parks and Lakes
experience levels are available.
Waukesha
The longest in the area, the Glacial Drumlin
recreational parks,
Trail, is a 47 mile path laid on an abandoned
numbering 35, have
railroad grade. The trail originates in the City of
over 650 acres of
Waukesha and rerminates in Cottage Grove,
land to enjoy
Hikers, bikers and joggers enjoy the trail in the
picnics, camping,
warm seasons, while the snowmobilers and skiers.
softball, tennis,
utilize it
hiking, fishing, swimming, skiing and sledding.
during the
Waukesha is proud of all the facilities it provides
winter. Rest
including handicap accessible playgrounds, 2
areas are in
outdoor pools, 5 lakes for swimming, and special
designated
toddler play areas, Each park offers unique
spots along
grounds which will please everyone.
the way.
If you are feeling adventurous, the rolling
The New Berlin Recreation Trail is 6 miles
hills and kettle lakes sculpted by the glaciers are
long and connects with the Milwaukee County
the perfect setting for all your recreational
1976 Bike Trail in Greenfield Park. This trail
9
10
02 15:15 WAUKESHA COUNTYA
P.7
endeuvors. Kettle Moraine State Forest (South-
skiing truils, 2.3 miles of lighted ski trails, pienic
ern Unit) offers 16,000 acres of land with
areas and nature paths. A lookout tower stands
campgrounds, lakes, beaches and 75 miles of
at the highest point in Waukesha County. A
hiking crails.
great escape for a morning or afternoon.
Nature's beauty
Some
abounds in this
of the most
forest, fearuring
scenic
glacial formations
views can
such as eskers,
be found
moraines, canes, and
on the
natural springs. Visit
greens. Golf at any of 15 courses, many set in
the headquarters to
natural glacial terrain, challenging both the
learn more about the glaciers that sculpted this
novice and expert.
and 12,000 years ago.
For those who enjoy fishing, 77 lakes arein
If you are a nature enthusiast, Retzer Nature
the area, many of which have public access.
Center is a must. Hiking, bird-watching and
Musky, northern pike, walleye, bass, panfish
earning about native plants are just a few of the
trout, and cisco are plentiful. These lakes cover
activities available on this 336 acre site. Special
over 14,000 acres. Pewaukee Lake and Lake,
programs and events are geared to all ages.
Nagawicka are two of
Lapham
the largest lakes in
Peak State
the area and are
Park features
perfect for sailing,
671 acres of
water-sking, boating
land with
and swimming N
14.6 miles of
activities for the
hiking and
whole family.
12
11
SEP 01 192 15:16 WHUKESHA COUNTYA
P.8
SETTING
Waukesha County is in the enviable position of having the
resources that make it truly an ideal location for industry,
businesses, and residents alike. On the one hand, Waukesha
County has the scenic splendor of the Wisconsin Kettle Moraine
State Forest, 111 lakes, and 1,600 acres of public parks. The
County is also an integral part of the Milwaukee Metropolitan
area and is linked to the center of that area by an excellent
interstate system of I-94 and I-43. As a result, Waukesha County
industries and residents have easy access to the amenities of a
large urban area while located within one of the most attractive
regions in the country.
This special blend of urban and rural Wisconsin has made Waukesha
County one of the fastest growing counties in the state. Since
1970 the population has increased 32 percent and continues to
increase. The County has also consistently been one of the most
popular locations for new and expanding industries in the state
and is home to companies such as G.E. Medical Systems makes tech med. products
Quad/Graphics, Inc. Cooper Power Systems; Navistar
heart Monitors, CATSCAN/MEI
more related
International; Wisconsin Centrifugal, Inc.; Ringier American,
Inc.; Waukesha Engine; Beatrice Cheese, Inc.; Pillsbury Company;
to malpractice
Stokely USA, Inc.; and Harnischfeger Industries, Inc.
In addition to having an excellent location and a beautiful
setting, Waukesha County also is recognized as a county that
functions in an efficient manner. For example, Waukesha County
was recently identified as being one of only thirty counties in
the nation to receive a triple A rating by Moody's Investor
Services. This triple A rating, coupled with a well developed
street and highway system, low taxes, skilled work force, and a
county airport that is able to accommodate any size corporate
jet, provide Waukesha County with the resources that continually
make it an attractive place to live as well as work.
2
SEP 01 '92 15:17 WAUKESHA COUNTYA
P.9
II. ECONOMIC CONDITIONS
To adequately prepare a strategic plan it is important to
understand the economic conditions that are taking place in the
County. The purpose of this section is to provide a brief
overview of the current condition of the County's economy. This
includes a review of the current changes in the County's total
population; an examination of the changes in the County's
civilian labor force; a description of the economic base of the
County an examination of changes in the employment of major
industry sectors in the County; and a brief summary of the
economic conditions that have had, or may have, important
implications for the County's economy.
Total Population:
As indicated in Table 3, the Waukesha County population increased
by 24,512 residents to 304,715 in 1990, an increase of 8.7
percent over the 1980 County population of 280,203. During this
same time period, the Southeastern Wisconsin Region's population
increased by 2.6 percent, the State's population increased by 4.0
percent, and the U.S. population increased by 10.2 percent.
The population increase evident in the County during the 1980 to
1990 time period was reflective of the increases found in the
cities villages, and towns within the County. As indicated in
Table 4, 27 of the 37 civil divisions in the County experienced
population growth, with 21 communities experiencing growth
greater than 10.0 percent. The largest percent increase in
population was experienced in the Village of North Prairie, 4.1
percent. The City of Waukesha, the largest civil division in the
County with a 1990 population of 56,958, showed an increase of
13.1 percent during the 1980 to 1990 time period.
The racial and ethnic composition of Waukesha County has not
changed dramatically since 1980. Waukesha County is still
dominated by whites (96%); however the Hispanic and Black
population continues to increase. For example, from 1980 to
1990, the Black population increased 46% and the Hispanic
population increased 36%. Even though the relative numbers are
small, the percent increases of these two minority groups is
significant. Table 5 shows the number and percent of the racial
population in Waukesha County.
Waukesha County population will continue to grow through the year
2,000; however, at a slower pace than the 1970-1980 time period.
But, possibly more important than the population growth will be
the demographic change that takes place in Waukesha County.
Table 6 shows the percentage change in population in each 10 year
age group for the County. Note the change is quite different for
the two age groups of children. There was a decline in the 10-19
SEP 01 "92 15:17 WAUKESHA COUNTYA
P.10
Table 10
UNEMPLOYMENT RATES FOR WAUKESHA COUNTY, THE SOUTHEASTERN
WISCONSIN REGION, WISCONSIN, AND THE UNITED STATES: 1990 AND 1991
Unemployment Rates *
March
March
Percentage Point Change
Area
1990
1991
1990 to 1991
waukesha County
3.3
4.8
1.5
Region*
4.0
6.1
2.1
Wisconsin
4.9
6.7
1.8
United States
5.4
7.1
1.7
* civilien tabor force data are not adjusted for seasonal employment.
** The Southeastern Wisconsin Region includes the counties of Kenosha,
Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.
Source: U.S. Bureau of the Census; Wisconsin Department of Industry, La
Labor and Human Relations; and SEWRPC.
12
SEP 01 92 15:18 WAUKESHA COUNTYA
P.11
III.
DEVELOPMENT TRENDS
Five trends will influence the form, style, location, magnitude, and
profitability of development in Waukesha County. These trends are:
- Regional and national economic cycles of growth and
decline;
- Continued improvement in Wisconsin's economy and
business climate;
- Continued westward movement of jobs and housing
within metropolitan Milwaukee;
- Increased interest in the marketplace and among top
planners in mixed use development which integrates
jobs, housing, and commercial support services;
- Increased emphasis on quality in residential,
commercial, and industrial development.
Cyclical Economy:
While the effects of recent recession have been felt on both coasts,
they have not received much notice in Wisconsin. The State's economy is
more diverse today than it was at the beginning of the last decade.
Many experts place Wisconsin's economy among the strongest in both the
Midwest and the nation. A recent front page article in the Wall Street
Journal notes that metropolitan Milwaukee "is much better insulated from
the current economic downturn than most U.S. cities". Among the top 5
metropolitan areas in job growth since 1987, Milwaukee's unemployment
rate of 4.5 percent is well below the national average. Strong export
growth over the last several years is expected to further cushion
Wisconsin manufacturers from a slowing national economy.
Wisconsin does not have the inflated land and building values of east
and west coast states, or even places such as northern Illinois.
Consequently, the drop in property values experienced in those regions
is unlikely to occur here.
Wisconsin's Business Climate:
National recognition of Wisconsin's strong economy and greatly improved
business climate increases opportunities for Waukesha County to attract
potential development from throughout the region and country.
Wisconsin's appeal to a national marketplace may strengthen ability to
develop at a pace faster than that which would be supported by a purely
local or regional market.
Three years ago in its annual ranking of business climates, the national
management consulting and accounting firm Grant Thorton, placed
rate. Over that period the state created more than 46,000 new
wisconsin. manufacturing jobs, and attracted over 100 out of state companies to
A recent study conducted by Anderson/Roethle, Inc., polled executives of
companies that have relocated in Wisconsin within the last four years.
Cited as the most common reasons for locating in Wisconsin were:
- the low cost of facilities;
- the availability and quality of skilled labor;
- proximity to markets;
- availability of good road transportation;
- pro-business attitudes of local and state governments.
Wisconsin's work force is excellent. Wisconsin's absenteeism due to
weather is one of the lowest nationwide. Few states have a lower rate
than Wisconsin for absenteeism due to illness. Output per worker in
many industries is significantly above, the U.S. average. The following
productivity figures reinforce that contention.
Electrical Machinery Workers
106% (of US average)
Food Products Workers
119%
Paper Workers
121%
Transportation Equipment Workers
110%
Further, the size of Wisconsin's work force continues to
increase, The population of Illinois, Michigan and Ohio grew by
less than half a percent between 1980 and 1990. In comparison,
Wisconsin's population grew by more than 4 percent. Wisconsin is
known for its top ranked technical education system which
provides job training and upgrading to one of every seven adults
in the state annually, twice the national average. A growing,
skilled work force puts Wisconsin in a very competitive position
to attract new business to the state.
Wisconsin's electric power rates are among the lowest in the
nation. For commercial customers this ranges from 5th lowest for
large users to being second lowest for small users. Three of the
four Trible A rated utilities in the country are in Wisconsin.
Westward Growth:
As with other metropolitan areas, communities surrounding
Milwaukee began to develop as people who worked in the city
sought a greater sense of country through a home in a subdivision
in Brookfield or New Berlin. Over time, though, as these and
other suburbs in eastern Waukesha County began to develop, that
sense of country has diminished. Over the past decade or more,
jobs have followed housing into Waukesha County. Many of those
Brookfield residents who once commuted into Milwaukee now work in
Brookfield or a neighboring suburb. Because much of eastern
Waukesha County has lost its rural atmosphere, many of these
people now look farther west towards newer suburban developments.
22
SEP-01-1992
28PM FROM CORP COUN/HUM RES/FIN/EX
TO
98211996
P.03
ABSTRACT OF PLAN FOR SERVICES TO SMALL BUSINESSES
Summary Description of the Business --- The W-O-W Private Industry Council, Inc. will develop, market, and
deliver specialized services to small and medium-sized businesses that will 1.) assist them to analyze hiring and
skill needs; 2.) facilitate processes for recruiting and selection of applicants who can meet those needs; and 3.)
plan customized training systems for newly-hired or existing workers. The services will include information
packets and on-site consultation in each content area, as well as a unique trainee-lease program. The services
will be marketed and provided in coordination with area Job Centers in Waukesha, Ozaukee, and Washington
counties.
Market Need Small and medium-sized businesses (e.g., 20 to 100 employees) generally do not have the
In-house expertise such as developed Personnel Departments to analyze their workforce or to develop hiring and
training systems that would result in more productive and motivated workers. Yet small businesses employ 57%
of the nation's workforce, generate 47% of the gross national product, and create two out of every three new
jobs. Having the knowledge and mechanisms to upgrade their workforce would reduce the high cost of turnover
in these companies, improve the motivation and loyalty of the workers, and result in the output of higher quality
products or services by the company. Many adult job applicants and workers have a need to develop basic
remedial or technical skills while having a steady income from employment.
Product/Services to be Provided --- Specialized and flexible information packages, in the form of "How-to-do-it
Manuals", cassettes, and/or videos, will be made available for sale to targeted businesses that will help them
learn how to improve their capabilities to hire and train their workers. Three Initial packages will assist companies
to 1.) determine the actual job and skill needs of the company and, if desired, develop job descriptions or wage
surveys (a sophisticated, computerized skills analysis module will be available as part of this packet that will
generate various reports on the skill levels of specified jobs and on individual employees.); 2.) develop
mechanisms for successfully recruiting, testing, assessing, and selecting new employees to meet their hiring and
skill needs; and 3.) plan and establish alternative ways to train new or existing employees in needed skills either
within the company environment or through access to various outside training options. Each information
package will utilize a user-friendly system, easily modified and customized, to support throrough learning and
understanding by the customer. On-site consultation by Private Industry Council staff, to assist in tailoring the
various facets of the information material to each company's situation, will also be available to companies who
desire assistance.
in addition, the Private Industry Council will offer companies a trainee lease program that will allow a job
applicant who is interested in learning the skills needed by a company to be employed through a lease contract
arrangement on the PIC payroll for a defined training period while working at the company, which would cover
the costs of employment. The trainee will be expected to partake In a scheduled training plan that will develop
the skills needed by the company. The PIC will work to arrange financing of the training or tuition costs through
support by the company, the trainee, and other available funding sources. The PIC Corporation will establish
a Trainee Development Fund, through tax-exempt contributions, to partially pay for such training costs. At the
completion of the training period, depending on the success of the job match and skills learned, the trainee can
be absorbed into permanent employment by the company. This trainee-lease program would reduce the
company risk of hiring a person who is unable to perform the functions and skills required by the job.
Market Demand Surveys of several local businesses have indicated potential interest in the services, although
worker development has not been a high priority for many and affordability appears more difficult for smaller
companies. Special marketing materials will be prepared to advertise and explain the services of the new
business. The Private Industry Council, because of its history of activities with federal job training grants, already
has contact with many local businesses. The marketing effort will focus on demonstrating to business executives
the Importarice and benefits of incorporating workforce development capabilities into their organizations and of
investing in the ungrading of workere
skills
analysi-
Mimplementing
the
- and of
skills to analysis 6 month system Daried and to develop BUSINESS the information William Start-up packages funding and will marketing be needed materials to purchase the computerized
are
a 4 to 6 month period. Subsequently. service fees for the information backets and the on-site consultation will
SEP-01-1992 04:29PM FROM CORP COUN/HUM RES/FIN/EX
TO
98211996
P.04
DRAFT
MEMORANDUM OF UNDERSTANDING FOR A WAUKESHA JOB CENTER
PURPOSE AND MISSION
This agreement is entered into in a spirit of cooperation by the signatory agencies to describe how their various
funding and Institutional resources can be utilized to better serve mutual customers, both job seekers and
employers, through an integrated system of service delivery operated in a single location, called the Waukesha
County Job Center. It is understood that the development and implementation of a Job Center will require
mutual trust and teamwork between the agencies, all working together as partners to accomplish shared goals.
The Mission Statement of the Waukesha County Job Center is as follows:
it is the purpose of the Waukesha County Job Center to provide job seekers and employers with a
seamless 'one-stop' service delivery system. This is to be achieved through the co-location and
integration of employment and training activities and economic support services.
The objectives of the Job Center are:
1.
To empower job seekers to actively achieve long-term economic self-sufficiency.
2.
To assist employers in meeting their present and future workforce needs.
3.
To meet participants' temporary economic and support service needs and strengthen the
connection between economic assistance and preparing for work-related self-sufficiency.
4.
To deliver necessary services in the most cost-effective and efficient manner possible.
5.
To strengthen the bond between Waukesha County's economic development and Employment
and Training programs by continual communication and coordination between the public and
private sectors.
PARTICIPATING AGENCIES AND REVENUES SOURCES
The following are the agencies that shall form the Waukesha Job Center, along with the potential sources of
funding that each will bring to the planning process. These agencies shall.comprise the Management Team
(along with any other major service provider in the Center), which shall be responsible for the on-going
operation of the Center.
Agency
Revenue Sources
W-O-W Private Industry Council, Inc.
Job Training Partnership Act
Waukesha County Department of Human Services
Job Opportunities and Basic Skills (JOBS)
Food Stamp Employment and Training Funds
AFDC Income Maintenance Funds
Waukesha County Technical College
Carl Perkins Vocational Education Act
Adult Education Act
Wisconsin Job Service
Wagner-Peyser Act & related Employment
Service Funds
Wisconsin Division of Vocational Rehabilitation
Vocational Rehabilitation Act
04130PM
FROM CORP COUN/HUM RES/FIN/EX
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P.05
2
JOINT PLANNING PROCESS
The signatory agencies commit themselves to a joint planning process wherein the annual plans of each
agency's revenue sources will be mutually reviewed and discussed in relation to the operations of the Job
Center. Particular focus shall be directed toward the Job Training Partnership Act, the Job Opportunities and
Basic Skills(UOBS), Carl Perkins Vocational Education Act, and the Wagner-Peyser annual plans. Discussions
shall Include an overall review of the mission and service delivery approach of various grant funds, target group
requirements, programmatic design, and budgeting priorities. The Job Center's Management Team shall be
the body through which the joint planning process will take place. Meetings shall be conducted with the
objective of obtaining consensus on joint planning decisions and shall occur periodically throughout the year
in order to take into account the various timeframes for grant planning and implementation.
JOINT FUNDING OF SERVICE PROVIDERS
It is agreed that the following program activities will be mutually. funded through a joint Request for Proposal
process from the revenues sources indicated, to become operative no later than January 1, 1994:
AREA OF SERVICE
REVENUE
COMMENTS/SPECIFICATIONS
SOURCES
Testing/Assessment
JTPA, JOBS, DVR
Separate layers of testing, assessment, and career
exploration would be specified, each of which could
be funded separately or on a combined basis,
Testing for Job Service applicants would be Included.
Services under this RFP should be coordinated with
other assessment services provided through WCTC.
Case Management
JTPA, JOBS
Single agency to be funded to provide on-going case
management services for JTPA & JOBS participants
Job Development;
JPTA, JOBS, DVR
Single agency to be funded to provide job placements
Employer Contacting
services to JTPA, JOBS, and DVR job-ready
applicants. The agency that is funded would be
required to coordinate with Job Service and its
Automated Matching System.
Personal Development
JPTA, JOBS
Single agency to conduct these group activities. This
Pre-Employment
RFP could be combined with the Case Management
Groups
RFP.
Job-Seeking Skills
JTPA, JOBS
Single agency to conduct these group activities.
Workshops; Job Clubs
Could require coordination with Job Service U.C.
Workshops. This RFP could be combined with the
Job Development RFP.
Services to Targeted
JPTA, JOBS
Single agency to perform services to targeted
Minorities
minorities.
It is possible that additional revenue sources, such as Carl Perkins Vocational Education funds, may be
identified in the joint planning process to be part of these RFP processes.
Each Request for Proposals shall be jointly developed by the Management Team. (Any agency that intends
to submit a proposal in response to the RFP must exclude itself from the RFP developmental process.) The
SEP-01-1992
04:31PM
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3
RFP will contain the specific service and program requirements of each funding source, the amount of funds
available from each source, the participation and performance levels expected, and a combined criteria for
selection of the service provider. The Private Industry Council Office will be the lead agency for this mutual
process, will ssue the RFP on behalf of the funding agencies, and coordinate the review and recommendations
to be developed on the proposals.
The joint recommendations from the granting agencies on proposals will be referred to the Job Center Propsal
Review Board for funding decision. The Proposal Review Board shall be composed of three County elected
officials Executive. and three Private Industry Council members from Waukesha County, appointed by the County
Once an agency has been selected to provide a program service, each funding source shall execute a contract
with the service provider for its funds, The granting agencies shall work together to coordinate the contract
provisions to the same sub-agent. Likewise, a unified monitoring process between the granting agencies will
be implemented, including joint monitoring reviews. The Private Industry Council Office shall be the lead
agency in developing coordinated contracting and monitoring procedures. The Management Team will
conduct the final performance evelauaton review on all contracted services. These findings will be
communicated to the Proposal Review Board.
COORDINATION WITH JOB SERVICE
As an integral part of the JOB Center, the Wisconsin Job Service shall provide public labor exchange, labor
market information, veterans employment services, and other services available through the Wagner-Peyser
funds. These services shall include the services of the Automated Job Matching System.
The Job Service shall be responsible for the initial intake of all applicants to the Job Center through its Wagner-
Peyser resources. The Job Service shall be the lead agency in developing common application or pre-
application formats and procedures, acceptable to all funding sources. The intake process shall include a
referral process to variously funded program activities in the Center.
COORDINATION WITH COUNTY ECONOMIC SUPPORT SERVICES
The County Human Services Department shall be responsible for development of procedures which coordinate
services available to welfare recipients through its economic support unit with the employment and training
services at the Job Center. This coordination includes linkages with child care and other support services, as
well as co-location of economic support staff in the Job Center.
COORDINATION WITH VOCATIONAL REHABILITATION SERVICES
The Wisconsin Department of Vocational Rehabilitation shall work with the Management Team to develop
procedures that Integrate specified services for handicapped individuals, particularly vocational assessment
and job placement services, with such services provided at the Job Center.
REMEDIAL EDUCATION ACTIVITIES
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4
COORDINATED MARKETING TO THE COMMUNITY
The Private Industry Council shall provide a staff position at the Center, supported through JTPA funds, to
execute comprehensive marketing of the Job Center to the community, to implement centralized OJT training
contracts with employers, and to oversee coordination of the job placement functions with the Job Service's
Employer Relations Program, including exploration of the use of JTPA and JOBS funding for the Automated
Matching System for use by the Center's contracted placement agency.
OPERATIONS MANAGEMENT AND ADMINISTRATIVE FUNCTIONS
The Job Center's Management Team shall be the body responsible for overseeing the operational
management of the Center's activities. All of the lead agency functions designated in this document shall be
subject to review and monitoring of effectiveness by the Management Team, in a spirit of mutual cooperation
and development of high quality systems to serve the Center's customers. Decisions regarding the on-going
management of the Job Center shall be made by the Management Team on a concensus basis.
The Waukesha County Human Services Department and the Private Industry Council Office, in close working
relationship with the Management Team, shall share responsibilities of the operational management and the
administrative functions of the Job Center, on the following basis:
1.
Operational Management: The County Human Services Department shall provide a staff position,
supported through JOBS funds, to conduct on-going operations management of the Job Center,
including coordination of overall operational activities, development of operational policies and
procedures, facilitating the interaction of Center agencies and staff, preparation of special reports on
Center's activities, participation in the coordinated monitoring process, approval of centralized
expenditures, coordination of the preparation of annual plans and budgets, assisting in the development
of the Management Information System, preparation and monitoring of JOBS contracts, and
development of integrated JOBS and income maintenance programming.
2.
Administrative Management: In addition to coordinating the RFP, contracting and monitoring
processes, the Private Industry Council shall maintain a computerized Management Information System
which will collect and integrate data on program participants and employers utilizing the Job Center,
after the MIS system has been jointly developed with all the members of the Management Team. The
MIS system will be jointly supported by JTPA and JOBS funds. All of the participating agencies shall
have input into the design of the data base and report formats, and have full access to the reports
generated by this system.
ADOPTION AND AMENDMENT TO THIS AGREEMENT
Nothing in this agreement shall violate existing contracts. Signatories reserve the right to modify the scope,
direction, structure and content of this agreement based on legislative changes, governing board directives,
and funding availability.
This agreement is effective as of the date when all parties have signed the document, and It will continue in
effect on an indefinite basis. This agreement may be modified at any time by mutual consent of all the
signatory parties. Each signatory party withholds the right to discontinue its participation in this agreement
upon 60 days written notice to all the other parties.
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5.
AUTHORIZED SIGNATURES
This Memorandum of Understanding is agreed upon by the parties listed below on the dates indicated.
Daniel Finley, Waukesha County Executive
Date
Leonard F. Cors, W-O-W Private Industry Council, Inc.
Date
Peter Schuler, Waukesha County Human Services Department
Date
Richard Anderson, Waukesha County Technical College
Date
Diane Knutson, Wisconsin Job Service
Date
Frank Broder, Wisconsin Division of Vocational Rehabilitation
Date
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inqustry wounsuri
P.S.
START-UP COSTS FOR THE WAUKESHA JOB CENTER
(includes planning costs for developing a multi-agency, customer-friendly facility)
Estimated Costs
1.
Video for Reception Area Address An audio-video presentation of the services in
$ 6,000
the Job Center will be developed to inform Job Center applicants, employers,
and visitors about the Center
2.
Management Information System Development - An integrated data
96,000
collection and reporting system will be developed that can serve all the
funding sources utilizing the Center, to keep track of applicant and employer
data. Hardware needs to be purchased, where necessary, and software
packages will to be developed to provide customized management and
activities reports regarding the programs and customers being served In the
Center. These should be closely coordinated with other computer systems,
such as the Job Service's Automated Matching System and the JTPA/JOBS
reporting systems.
3.
Policy and Procedures Manual --- Policies, procedures, and forms to be
5,000
utilized in the Job Center will be developed and prepared for use by
operational staff, in order to avoid confusion regarding the new operations.
4.
Marketing Materials - Marketing materials will be developed and printed for
6,500
distribution to potential customers of the Center, both applicants and
employers. and to the community at large.
5.
Staff Training - - A key issue in starting up the operations of a Job Center in
3,000
which several agencies relocate staff is a smooth transition Into the new
working environment and working relationships required. A training agent will
be hired to develop and facilitate $ staff training program that will allow all
staff to provide Input and understand the mission, objectives, and operations
of the Center, so that unnecessary fears and misunderstandings are avoided.
6.
Moving Expenses and Facilitation There will be costs to move furniture
36,000
and equipment Into the new location, as well as install telephone and
computer equipment. A project manager will be needed to facilitate this
process.
7.
Equipment for Handicapped - Special equipment to service handicapped
3,000
applicants will be purchased, such as telscommunication devices for the
hearing Impaired and automatic electric-eye door openers for the wheel-
chaired bound,
8.
Job Analysis/Workforce Development Services to Businesses - Initial costs
35,000
of a skills analysis outreach program to small and medium businesses,
marketed by the Private Industry Council, will be needed. Special job
analysis modules will be purchased and user-friendly packets for use by the
businesses will be developed.
9.
Computerized System for Individualized Learning - The Job Center will be
25,000
equipped with inter-active work stations that will assist applicant customers
with computer-aided instruction to learn basic skills in math, reading, writing,
and problem-solving. as well as more technical skills such as applied science,
$ 215,500
165 acres of land-
scaped Wisconsin
country-side minutes
from metro areas.
Multi-purpose arena
and forum building
with 40,000 square
feet of indoor exhibit
space.
Spacious parking
paved and illuminated
for 1600 cars.
Finest horse complex
in midwest with
stabling for over 200
horses, plus show
rings and dressage
area.
WAUKESHA COUNTY PARK
EXPO
& PLANNING COMMISSION
CENTER
Mana
Ladies
Kilchen
The arena is center stage upon entering the Expo grounds
Office
with its unique circular construction and domed roof
Cost
housing a large auditorium, stage, three separate meeting
Loading
Area
rooms, kitchen, box office and office area.
The ground level auditorium
A
features over 11,000
Pielform
ARENA
square feet of display area with an unlimited load cement
Stage
1,000,60
floor and rises to a center height of 38 feet with the roof
A
supported by eye-catching laminated beams. Adjacent to
the auditorium are the Fox
B
Bark
C
and Oconomowoc
D
River rooms, each containing 850 square feet with
Leading
built-in kitchen.
K
in addition, rest rooms
(7)
are located on two sides of the
Sicrage
arena, an 1100 square foot stage
Box Office
G
and
Bark River
Muna
foyer
H.
Balconies
I,
on two sides add another 4000
Ladies
square feet and food service preparation is available from
Bround Floor Plan
an 800 square foot kitchen J complete with stoves and
walk-in cooler.
Entry is made from four sides of the arena with two over-
head load-in doors 10' X 12' K. to facilitate freight vehicles.
Air conditioning, water, heat and electric service is avail-
FOR
able in the arena.
-
address
STOREGE
DOCS
Over 4,000 Sq RL DE Balcony Flaor Spice
Ord 13,550 St. Ft. of Male Place Space
38 Feat of Helight Batween Main Floor and Calling
MADISON
MILWAUKEE
WAUKESHA
COUNTY
THE 4H FORUM
EXPO
RAGINE
Waukeshe County Exposition Center
CENTER
2
The 4-H forum building is comprised of three halls
CHICAGO
which combine for a total of 21,000 square feet of
B
EAST HALL
exhibit space, plus kitchen
1
rest rooms
2
and
Exit 284 on 1-94 west,
showers
CO
then south on C.T. "J"
to Northview Road.
North Hall
4
is 6600 square feet and includes a 25' X
FOR INFORMATION, WRITE OR CALL:
25' fully equipped kitchen. The South
5
and East
6
halls are each 7200 square feet with all three halls
--:]
serviced by 10' X 12' over-head load-in doors.
---3
Flexibility is the key to the forum enabling three
CORRIDOR
separate events at the same time by using the three
WAUKESHA COUNTY
different halls.
SOUTH HALL
EXPO CENTER
N1 W24848 Northview Road
Waukesha, WI 53188
414/548-7200
XPO
Waukesha County
with the flexibility of handling a
CENTER
Planning, architecture, location and
CONSIDER THE FACILITIES:
spacious parking have made the
Two multi-purpose structures, the
Waukesha County Exposition Center
arena and the forum which total
one of the most versatile and
40,000 square feet of usable exhibit
attractive facilities anywhere.
space. Plus, one of the finest horse
CONSIDER:
facilities in the midwest featuring
The Expo Center is only 25
three barns with stabling for over
freeway minutes from downtown
200 horses, a large dressage area,
Milwaukee.
three top-rated show rings and an
announcer/registration two-level
There are 40 motels/hotels with
structure. Portable bleachers to
1700 rooms within a 15 minute
accommodate over 1000 spectators.
drive from the Expo.
CONSIDER PARKING:
There are 710 restaurants, six
county parks, 20 golf courses and
Paved, striped and illuminated
antique shops within the county.
parking for 1600 cars and camper
facilities to handle over 100 units
Over a quarter of a million people
with 20/40/50 amp service, complete
attended events at the Expo
with water and sanitary dump
in 1985.
station.
SEE ARENA FLOOR PLAN
ON BACK PAGE
CONSIDER SERVICE:
What do promoters of the Expo say about the facility?
Bridal Show '86 "Staff did more than their share to keep things
running smoothly".
Dockside Marine
"Your cooperation and assistance made the
show a success".
Rummage-A-Round
"Great facility. Many compliments on the
buildings".
Milwaukee Miniature Motors "As usual, everything was
excellent Always seems that way".
Rainbow Productions "Never have had a complaint. Clean
facility and excellent staff to work with".
That's what we're all about!
of events, large or small, indoors or outdoors
COMBINE IT with the versatility of our facilities
that have handled county fairs, five ring circus,
stage shows, concerts, trade and exhibit shows,
dinner/dance events, recreational vehicle and
auto shows, national horse and dog shows,
conventions.
It all adds up to an affordable
facility to handle your next event!
FORUM
THE 4H FORUM
Waukesha County Exposition Center
SEE 4H FORUM FLOOR
PLAN ON BACK PAGE
NFIB Wisconsin
National Federation of
Independent Business
FAX COVER SHEET
DATE: 9/3/92
NUMBER OF PAGES: 22
(Including this page)
TO:
Parge Pickens 2816
COMPANY: Office of the Vice President
TELEFAX NUMBER: 202-456-7044
FROM:
BILL STATE G. DIRECTOR SMITH Bill
TELEFAX NUMBER: 608/255-4909
IF THERE ARE PROBLEMS WITH TRANSMISSION
PLEASE CALL - 608/255-6083
MESSAGE:
Am sending more than you
will need- I watch the dates. Thought the
school district problems, prisoners suing the
State were partcularly good, Nate the
State Office
50hool Also the boy scout problem
Suite 516
119 M.I. King Jr. Blvd.
Madison. WI 53703
in Partage, Wisconsin. Note the school
(608) 255-6083
district problem was in wankesha Not
sure how the EAA is currently handling
their liability problems. Call if you
have questions - hope it is helpful.
the
CPA urging liability law reform
By Mike Yaktus
smacked with a $300 million jury
of its insured accountants In 1989
VIEWPOINT
award. The profession cannot af-
That was the highest year, but the
As a wave of lawsuits floods
ford to pay out such sums and ex-
five-year average from 1987
through the CPA profession, AC-
Viewpoint is a weekly column
pect to remain viable.
through 1991 still shows a claim
countants and auditors are becom-
that highlights Issues facing the
In Wisconsin, the situation may
frequency average in excess of 11
ing more selective in taking on
area's key employers.
be even worse than It is nationally.
percent The Wisconsin experience
clients.
It is estimated that as many as 40
has ranged in recent years from al.
Hundreds of millions of dollars
more emphasis on evaluating the
percent of Wisconsin's practicing
most three times the average to
have already
risk of certain clients and are thus
accountants are "going bare" (i.e.,
"only" 167 percent of the national
been paid in
becoming more choosy in regard to
not purchasing professional liabil-
average in 1991.
auditor liabil-
their client base. This would be
ity insurance) because of the lim-
The net result from all of this is
ity lawsuits,
similar to doctors only agreeing to
ited availability and high cost of
that every user of CPA services is
and an esti-
treat healthy patients.
such coverage, according to testi-
paying more to cover the share of
mated
4,000
How bad has It been? Last year
mony at a 1992 Wisconsin legisla-
overhead represented by increased
suits are pend-
alone, the six largest accounting
tive bearing
Fan
28th
insurance premiums or the self-in-
ing nationwide
firms spent $477 million in litiga-
The hearing was on a bill to rein-
surance reserve. It may mean that
with as much
tion and related costs. Combine this
state a time-period limitation on
some potential users of CPA ser-
as $15 billion
with the continued pressure of fu.
lawsuits involving professional ac-
vices will not get the benefit of any
in damage
ture potential lawsuits and already
counting services. These kinds of
assistance, as accountants become
awards
at
Yaktus
one of the larger accounting firms
limitations once existed, (and the
defensively selective about who
stake.
statues creating the limitation have
Accounting firms are placing
in the nation has folded.
their clients will be.
In May, for example, a Texas
not been changed). but courts
It also means that the ultimate
jury imposed a $338 million judg-
around the country and in Wiscon-
payer of this expense will be the
ment against a CPA firm. and last
sin have changed their interpreta-
loser as these expenses are passed
year another CPA firm was
tion of these statutes.
down the line.
Now, actions that once had to be
While I have only touched on the
brought within three or six years of
surface of this issue, it is quite
the occurrence of the act may be
clear that federal and state law.
brought within three or six years of
makers should reform partnership
the "date of discovery" of the prob-
liability law to prevent accounting
lem. That creates an environment
8/13/92
firms from being smothered by liti-
where one "discovers" the problem
gation. U.S. business and capital
at whatever time it's handy to com-
markets face serious consequences
mence a lawsuit!
unless these problems are quickly
Wisconsin may be the best ex-
corrected.
ample of the puzzling nature of the
current litigation boom. Over the
Yaktus is a vice president with
Madison Investment Advisors He
years, Wisconsin test-takers of the
also is & certified public accountant
uniform national exam for CPA
and is currently president of the
candidates have scored, on an aver-
southern chapter of the Wisconsin
age, at or near the top of the state
Institute of Certified Public
averages for each exam and its
Accountants
various sub-parts. Yet, Wisconsin
CPAs are, again on the average,
Business Thursday welcomes
among the mos. frequently sued in
comments on the industry View
the nation.
point column To be considered for
The statistics, admittedly anec-
publication, letters must be signed
dotal in nature, are staggering: a
Address correspondence to Business
leading insurer of Wisconsin CPAs
News, Wisconsin State Journal, Box
had claims filed against one in five
8058, Madison, Wis. 53708.
a Madiscon Newspaper daily
(608)274-0300
325 W. state capitol
State
P.O.B. 8952
708
Barb
Marty
- WISC JUDICIARY CRUE.
Dave Rep. Dininger MARISON 53(608) 266-1192 (cos)
- MARTINDACE/UMABEL
Sen. Don StiH (608)-266-7513 (cos)
CPAASSOCATIONS
REMY
POP 7882
2 faxes JOHN MURRAY
MADISON 53707
Wednesday, July 29, 1992
The Capital Times
BRIEF
Legislator calls for probe
of costs tied to inmate suits
Associated Press
the state's open records law.
Disclosures that the state
Krug said auditors should deter-
spends at least $750,000 annu-
mine whether those requests are
ally dealing with prison inmates'
reasonable or simply attempts to
civil suits and court petitions de-
collect. a penalty payment.
serve an investigation by audi-
State law provides a $100
tors, a legislator says.
payment to people whose legiti-
"Whether this explosion of in-
mate open records requests are
mate lawsuits reflects legitimate
denied by government agencies.
or frivolous claims, we need to
"Giving prison inmates a way
find out why they are tying up
to line their pockets is not the in-
our courts," Rep. Shirley Krug
tent behind the state open
said Tuesday.
records law," Krug said. "We
must close any loophole that per-
Krug, D-Milwaukee, co-chair-
mits this kind of scam."
woman of the Legislature's Joint
Rep. Robert Goetsch, R-Ju-
Audit Committee, cited an As-
neau, said he plans to introduce
sociated Press report that the
legislation next year to remove
number of such lawsuits has
the $100 payment and restrict
nearly doubled in five years.
requests by inmates.
Charles Hoornstra, assistant
State and federal governments
attorney general, told The As-
do not have an administrative
sociated Press It costs about
process to review inmate law-
$750,000 for legal personnel in
suits and open records requests,
his office to respond to the docu-
Krug said.
ments.
"Better rules might resolve
Many petitions are requests
some disputes and head off ex-
for information obtainable under
pensive legal action," she said.
RHINELANDER, WI
NEWS
D.5,864 S.6,034
FEB 23 1959
Tort reform crucial to state's
economic development
By JEFFREY BILS
Biotechnology is a quickly developing Industry, according to Pavelski, and
Of The Daily News Staff
Wisconsin is in a prime position to tap that growth. "It's going to happen
State economic development professionals support tort reform more than
regardless of what Wisconsin does or does not do," she said. "If we can be In
any other legislative Issue, a recent survey revealed.
the forefront, we're saying let's go ahead, let's do
This was the most surprising result of a survey of Wisconsin Economic
But many people have reservations about the young Industry "I think the
Development Association (WEDA) members, according to Diane Pavelski,
public has misinformation and needs to be educated on biotechnology."
who is on the board of directors.
Pavetski said. "There's still that mentality out there that you're going to be
"It's not a specialized economic development Issue," she explained. "We
growing genetically abnormal kinds of who knows what." This, she sald,
were surprised that it came out as high as it did."
will not promote economic development.
Tort reform generally has to do with making It more difficult for
The state is particularly able to take the lead In biotechnology because of
businesses to be held liable for large sums of money following a lawsult.
its forestry and agricultural strengths, and the research capacity of the
"Basically what we're talking about is that it's extremely expensive for
state university system. she said.
businesses to pay the costs of our current liability system," Pavelaki ex-
WEDA members also opposed mandated health insurance for the underin-
plained. adding that insurance costs and the costs of court battles are ex-
sured or uninsured employee, and legislation allowing the state Department
cessive. This, she said, can have an effect on whether businesses locate to
of Natural Resources to file a lien superior to all other liens where the DNR
the state. and WEDA members realize that.
has incurred expenses under environment repair and hazardous substance
"The membership is becoming more sophisticated and understands the
clean-up laws.
impact that tort reform has on doing business," she said.
A separate and unrelated survey of WEDA members showed that the
While WEDA members ranked tort reform as the issue they most support,
future of state economic development professionals calls for more training
they indicated that maintaining the current tax structure as the most Impor-
as the arena of economic development becomes more sophisticated. ac-
tant Issue for economic development in Wisconsin.
cording to Berbara Keller, vice president of Mooney LaSage and
The state tax structure now is much more conducive to business develop-
Associates. The firm conducted the survey.
ment than it was just a few years ago, according to Pavelski, when the top
personal income tax rate was 11.4 percent. Now the top rate is 6.9 percent.
"I suppose you might call It a reality check." explained Keller. adding
"We've got our rankings down to what la acceptable," she sald, adding that
that the WEDA board is in the middle of & future planning project. "What
the state is now more attractive to businesses.
we discovered in the survey is that the board was on target," she said.
Other aspects of the tax structure are also attractive just the way they
"More and more professionalism is being required to attract and keep
are, Pavelski said. "Wisconsin business taxes are the fourth lowest of every
businesses, and even to help small businesses," Keller said.
state In the nation," she said. Machinery and equipment taxes, capital gains
Laxes and corporate income taxes are similarly attractive, according to
Increased training for elected officials and economic development
Pavelski.
professionals would be very beneficial to the state, she said.
Members were asked to rank 10 Issues in the survey. Three of the Issues
The survey also showed the members feel technology is replacing
were opposed by those who responded. One of those issues was
manufacturing jobs, environmental regulation is increasing, labor supply is
biolechnology regulation that would hinder the growth of the blotechnology
becoming an issue for a number of communities, and emphasis on produc-
industry.
tion quality is growing, In addition to other things.
92-03-03 14.50
P.S
NSBA
-
-
PROCATION
TRIVEY OF THE NSBA COUNCIL OF SCHOOL ATTORNEYS
IN COOPERATION WITH THE
AMERICAN TORT REFORM ASSOCIATION
INTRODUCTION
NSBA conducted a survey of public school liability concerns in cooperation with
the American Tort Reform Association and the National Association of Secondary
School Principals. The survey was mailed to the 2,548 members of the NSBA
Council of School Attorneys in December, 1988. The results summarized below
are based on the 290 respondents who returned the survey.
A verbatim listing of the comments which respondents made can be found in the
Appendix.
SUMMARY OF FINDINGS
Over one-third (36%) of the responding attorneys indicated that they had
observed a change in the kinds of school-related programs offered by the
schools they represented because of liability concerns and costs. On the other
hand, the majority (62%) reported no changes in schools' offerings. Numerous
respondents indicated that schools were paying higher premiums but continued to
offer the programs, and others indicated that the potential for a "crisis" has
largely been negated by strong sovereign immunity laws in their state.
When asked whether they had been involved in lawsuits or out-of-court
settlements which had an impact on school-related programs, one-in-five (17%)
said they had. Respondents cited suits resulting from accidents in shop
classes, on the playground, during physical education classes, and during
extracurricular activities. especially sports.
Among the 81 percent who had not been involved in lawsuits, many indicated that
the potential to be involved had caused the schools to be very cautious in
deciding what programs to offer and under what conditions. Several reported
that the schools they represent had sharply limited extracurricular activities
for students, improved playground and gym equipment, increased supervision of
playground activities, and tightened the restrictions for use of school
problems. facilities by student and non-student groups in order to "anticipate" legal
Of the 290 respondents, 26 commentors suggested that a large number of the
problems related to the liability crisis and tort reform were caused by
insurance companies. They also urged that there is a need for insurance
reform.
2
In-School Programs Affected
In-school programs were much more likely to be modified rathet than
discontinued completely in response to liability costs or concerns. Eighteen
percent of the responding school attorneys indicated that physical education
classes were modified. Lawsuits were mentioned by nearly half (47%) of those
who noted changes in these programs. High premiums and lack of available
insurance were each mentioned as the catalyst for change by about one-fourth of
those specifying modifications in physical education classes. Specifically,
respondents often mentioned that the use of a trampoline in gym classes had
been terminated because their insurance carrier requested it.
Travel by students was the second most common of in-school program to be
modified according to respondents (13 percent). Lawsuits again topped the list
of reasons for modifying class trips and field trips. Nearly 1-in-2 (46%)
cited these actions; 28% named high premiums; and 15% said insurance wasn't
available. Stricter guidelines - the use of certified bus drivers,
eliminating the use of personal automobiles, and better screening of volunteers
for driving - were some of the mentioned consequences. Out-of-state trips
required special consideration: one respondent mentioned that on trips to
another state, school buses are used only to the border and then chartered
buses are used. The additional expense has made fewer such trips possible.
Close behind class/field trips in frequency of being affected, 12 percent of
the respondents noted playground or recess procedures were modified. Over
two-thirds named lawsuits, while one-third named high insurance premiums as
cause for terminating or modifying these activities.
Extra-Curricular-Activities Affected
The hardest hit extra-curricular activity impacted by liability concerns
according to the survey was voluntecrism. Overall, 13 percent of the school
attorneys said the use of volunteers had been stopped or restricted. Lack of
available insurance was mentioned as the basis for these changes by 34 percent
- more than for any other activity. "Volunteers are afraid of being sued"
according to one respondent. In response to the lack of insurance, one school
district has joined with the county government to become self-insured. Better
screening of volunteers was also mentioned as a stategy for minimizing
insurance woes. In certain activities, supervision previously provided by
volunteers is now provided by certified or trained staff.
Fundraising events and gymnastics also have been affected according to nine
percent and eight percent of the school attorneys, respectively. Certain
fundraising activities have been climinated in particular districts, e.g.,
off-campus haunted houses. One district carefully examines the proposed
fundraising activities and limits participation to one event per year for each
school. In response to liability concerns, gymnastics is less likely to
include the use of trampolines. Rather than the major cause for modification
being lack of insurance as is true for fundraising events, lawsuits were most
often specified for gymnastics.
- 3 -
Education Level Represented
Respondents were asked to indicate all the education levels their organization
represented. Seventy-one percent represented high schools; 70 percent junior
high schools; 70 percent kindergarten through grade six; and 41 percent
pre-kindergarten. Nine percent of the respondents designated colleges.
TABLE 1
NOTICED DIFFERENCE IN SCHOOL-RELATED PROGRAMS OFFERED
Yes
103 (36%)
No
180 (62%)
No Response
7( 2%)
TABLE 2
LAWSUITS OR OUT-OF-COURT SETTLEMENTS IN LAST 2 YEARS
Yes
50 (17%)
No
236 (81%)
No Response
4( 1%)
TABLE 3
IN-SCHOOL PROGRAMS TERMINATED OR MODIFIED
REASON FOR
AFFECTED
TERMINATION OR MODIFICATION
NO
TERMI-
MODI-
LAW-
HIGH
INSURANCE
NATED
FIED
SUITS
PREMIUMS
AVAILABLE
N(%)
N(%)
N(%)
N(%)
N(%)
P.E./GYM
2(1)
51(18)
25 (47)
15(28)
14(26)
CLASS/FIELD TRIP
2(1)
37(13)
18 (46)
11 (28)
6(15)
RECESS/PLAYGROUND
1(*)
36 (12)
25(68)
12(32)
2( 5)
VOCATIONAL CLASSES
1(*)
21( 7)
14(64)
7(32)
2( 9)
DRIVER'S EDUCATION
3(1)
10( 3)
4(31)
7(54)
-
NURSES STATION
-
13( 5)
6(46)
2(15)
2(15)
SCIENCE LABS
-
13( 5) =
5(38)
4(31)
-
* Less than 0.5 percent
5 -
TABLE 4
EXTRA-CURRICULAR ACTIVITIES TERMINATED OR MODIFIED
REASON FOR TERMINATION
AFFECTED
OR MODIFICATION
NO
TERMI-
MODI-
LAW-
HIGH
INSURANCE
NATED
FIED
SUITS
PREMIUMS
AVAILABLE
N(%)
N(%)
N(%)
N(%)
N(8)
VOLUNTEERISM
3(1)
35(12)
13(34)
10(26)
13(34)
FUNDRAISING EVENTS
4(1)
23( 8)
4(15)
5(19)
7(26)
GYMNASTICS
8(3)
14( 5)
9(41)
4(18)
6(27)
CHEERLEADERS/POM-POMS
-
20( 7)
10(50)
5(25)
1( 5)
FOOTBALL
-
17( 6)
3(18)
7(41)
1( 6)
DANCES/PROMS
-
12( 4)
4(33)
2(17)
2(17)
DIVING
2(1)
6( 2)
1(13)
2(25)
1(13)
BASKETBALL
-
7( 2)
3(43)
2(29)
1(14)
TRACK AND FIELD
-
7( 2)
3(43)
2(29)
2(29)
BASEBALL
-
6( 2)
3(50)
2(33)
1(17)
VOLLEYBALL
-
6( 2)
2(33)
3(50)
1(17)
SCOUTING
-
5( 2)
-
1(20)
-
BAND/MAJORETTES
-
5( 2)
2(40)
-
-
SOCCER
-
5( 2)
1(20)
2(40)
1(20)
TENNIS
-
4( 1)
1(25)
1(25)
1(25)
SWIMMING
-
4( 1)
2(50)
-
-
WRESTLING
-
4( 1)
1(25)
2(50)
-
GOLF
(*)
2( 1)
-
1(33)
-
LACROSSE
-
3( 1)
-
-
1(33)
RUGBY
-
2( 1)
-
-
-
DRUMS/BUGLE CORPS
--
1( *)
-
-
-
OTHER
-
5( 2)
1(20)
1(20)
1(20)
* Less than 0.5 percent
TABLE 5
EDUCATION LEVEL ORGANIZATION REPRESENTS
PRE-KINDERGARTEN
41%
KINDERGARTEN - 6
70
JUNIOR HIGH SCHOOL
70
HIGH SCHOOL
71
COLLEGE
9
NO RESPONSE
27
NFIB Wisconsin
National Federation of
Independent Business
January 30, 1990
The Honorable Tommy G. Thompson
Governor, State of Wisconsin
State Capitol - Room 115 East
Madison, WI 53702
Dear Governor Thompson:
Nearly two weeks ago the Assembly Committee on Financial
Institutions and Insurance held a public hearing on several
proposals relating to tort reform. It is highly doubtful the
chair of that committee will allow executive action be taken
on any of those bills.
Tort reform is a very high priority issue for not only small
business, but also for big business as well as school
districts, municipal government and the taxpayers of our
state.
In case you may have missed them, I have enclosed news
clippings that describe how the very threat of a lawsuit is
impacting on our way of life in Wisconsin. The decision by
the Riddell Corporation that it can no longer assume any
responsibility for football helmets that are more than ten
years old will have a direct impact on public school budgets
-- and taxpayers.
The Waukesha County Freeman reports lawsuit fears have forced
certain school-related activities you and I both enjoyed
while we were in school to be discontinued, due to the risk
of liability.
State Office
Suite 510
119 M.L. King Jr. Blvd.
The Wall Street Journal editorializes the deep-pocket-picking
Madison, WI 53703
liability system has placed the overall quality of our public
(608) 255-6083
school system in jeopardy.
Finally, I share with you the comments of a University
Professor and former Director of the Wisconsin Research Seed
Fund:
"
When we identified that start-up company that
needed his expertise, we were told that his
financial and legal advisor warned him that he
The Guardian of
Small Business
Hon. Governor Thompson
-2-
January 30, 1990
would be recognized as a deep pocket and would
sustain all kinds of additional liability and
should not take the position.
Correcting joint
and several liability will substantially improve
the environment for highly-skilled, experienced
entrepreneurs to reinvest their time and money in
new projects."
Wisconsin can no longer afford this kind of entrepreneurial
paralysis.
On behalf of NFIB's 12,000 member firms, I respectfully
request that you issue a call for a special legislative
session on tort reform.
Thank you for your consideration.
Sincerely,
BILL G. SMITH
State Director
NFIB/Wisconsin
BGS:sh
Enclosures
Schools in helmet bind
Manufacturer issues 10-year liability limit
By Roy Hinz
pact that this will," WIAA Assist-
Sports reporter
That was definitely the case
ant Director Don Herrmann said.
with Madison East Coach Wayne
It came as a shock and the
"It's going to cause some fantastic
Kelliher and Madison West Coach
repercussions could he far-reach-
projected costs in a lot of school
Burt Hable.
ing.
districts. It's a big unexpected ex-
"We're doing an inventory right
Riddell Corp., a Chicago sport-
pense."
now and we probably have 30 hel-
ing goods manufacturer, sent out
Bill Rice, the McFarland coach
mets that are OK out of about
a shockwave when it announced
and president of the Wisconsin
150," Kelliher said. "We have hel-
last month that it would not take
High School Football Coaches As-
mets that were used only two or
responsibility for any Riddell foot-
sociation, estimated about 60 per-
three times but that doesn't mat-
hall helmet that is more than 10
cent of the schools in the state use
ter. We could have a brand new
years old.
Riddell helmets. which cost about
1979 helmet and we wouldn't be
The company stated that it was
$90 each,
able to use it."
not feasible to recondition varsity
The WIAA sent a letter to all
helmets dated 1980 or earlier due
The situation isn't any better at
coaches stating that schools
West, where, of the school's 201
to long-term effects of weathering
should adhere to Riddell's new
helmets, about 175 will have to be
to the helmet shell.
policy. Rice also sent out letters
replaced.
The announcement caught the
to coaches to alert them of the
John Olson, Madison School
Wisconsin Interscholastic Athletic
situation.
District athletic director, has de-
Association and local school ad-
"This is a nationwide prob-
veloped a four-year phase-in pro-
ministrators and coaches by sur.
gram that would cost about
prise. Almost all school district
lem." Rice said. "It's a pretty seri-
budgets will be affected as thou-
ous problem. which is why- initi-
$26,000 just to replace helmets.
ated a meeting for this weekend in
sands of helmets will have to be
The larger schools will prob-
replaced.
Stevens Point with the vice presi-
ably find ways to overcome the
dent of sales and marketing for
problem. but what about the
"I can't remember anything
Riddell. We need some answers.
that will have the financial im-
This has surprised us all."
Please turn to 6C, Col. /
Schools in bind with helmets
Continued from IC
ity it could be the end of football in
policy was coming.
smaller schools? Where will they
some communities," he said, "The
In fact, the WIAA had to ask
come up with the money? Can they
schools that are having problems
with numbers. that are barely hang-
Riddell to send it a letter stating its
come up with the money?
ing on, are the most vulnerable."
new policy. Riddell also sent Rice a
"Our biggest concern is the
letter dated Dec. 14, He received it
smaller schools with programs that
The thing that has most people
Jan. 12.
have had trouble financially," Rice
upset is the lack of notice and the
said. "Your small schools are going
It seems the helmet recondition-
fact that no one has seen any docu-
to have the most difficulty coming
ing companies were the first to
mentation to support Riddell's
up with replacement dollars. I've
claim that the helmets are unsafe.
know. The coaches then became
heard that some coaches are very
aware of the problem when the
Herrmann said Riddell told him
concerned about their programs.
companies told them that they
it began letting people know about
Herrmann agrees.
would not recondition 10-year-old
its plans several years ago, but
helmets.
"Our concern, in addition to the
Herrmann and many others in the
problems of budgets, is the possibil-
profession were unaware the new
Riddell officials would not re-
turn phone calls Wednesday,
THE WALL STREET JOURNAL FRIDAY, SEPTEMBER 1. 1989
REVIEW & OUTLOOK
Seat Belts for School Desks?
Not everyone will be coming back
light at night. These legal costs are
to school this fall. The latest victims
passed on to taxpayers, SO you'd think
of the tort crisis are thousands of
that public officials would do all they
Americans who once volunteered to
could to put an end to this destructive
help out in the nation's public schools.
litigation. Instead, the state attorneys
Our absurd tort laws with their unlim-
general attacked the insurers with a
ited potential liability have snuffed
frivolous lawsuit.
out a once-bright point of light.
The National Association of Attor-
According to surveys by the Amer-
neys General-known increasingly as
ican Tort Reform Association, nearly
the National Association of Aspiring
60% of school principals say they have
Governors-filed a massive antitrust
dropped or cut back on school-related
claim. accusing insurers of somehow
programs because of the threat of
concocting the tort crisis. A federal
lawsuits and high insurance pre-
judge has announced that he plans to
miums. Nearly 20% of school lawyers
dismiss the lawsuit before trial. Cali-
report lawsuits or settlements in the
fornia Attorney General (and aspiring
past two years alone that caused their
governor) John Van de Kamp. who
schools to drop or restrict activities.
plotted the lawsuit, must now take
Hardest hit, say the school law.
some responsibility for the higher in-
yers, was volunteerism, with more
surance premiums sure to be passed
than one-tenth of schools either stop-
on to consumers because of the mon-
ping or restricting volunteer work.
strous legal bills insurers incurred
such as driving or chaperoning. be-
over the past year defending them-
cause of liability fears.
selves from the state AGs.
Not surprisingly. gym. cheerlead-
ing and diving are highly suspect ac-
Society has become used to watch-
tivities in many schools these days.
ing goods and services fall victim to
But SO too are playground activities,
the U.S.'s deep-pocket-picking liability
field trips, vocational education,
system. but burdening the public
driver education, nurses stations and
schools with these liability suits is a
even recess. One school actually mod-
special outrage. We need more parent
ified its drum and bugle corps pro-
volunteers to help teach and coach.
gram because of fear of litigation.
We need inore businessmen willing to
The Association of Trial Lawyers
offer school-related work to under-
of America has an answer for all this.
class youth. The last place we need to
The plaintiff lawyers say the culprits
spend education money is on lawyers
are insurance companies "reaping in-
chasing the chimera of a risk-free en-
credible profits" from premiums and
vironinent.
trying to "pressure the public into
Education, like almost every hu-
thinking there is a crisis in tort law."
man pursuit. entails some measure of
The good news is that this game of
risk. Some kids inevitably will be hurt
contingency-fee lawyers attacking the
learning carpentry or playing basket-
messenger for bearing bad fort ti-
ball. But they'l be hurt more if plain-
dings may be just about over.
tiffs' lawyers keep shutting down as
Lawyers for these schools have
pects of education. Judges and legisla-
had to go to court 10 detend against all
tors should redouble their efforts to
kinds of absurd charges, from
reform lost law before our schools be-
teachers giving low grades to a school
come sterile hallways of risk aversion
allowing a thief to fall through us sky
and boredom
THE NATION'S NEWSPAPER
NO.1 IN THE USA...6.3 MILLION READERS EVERY DAY
WEDNESDAY, AUGUST 30, 1989 USA TODAY
Lawsuits
cut school
activities
By Pat Ordovensky
USA TODAY
School activities, from foot-
ball to field trips and proms to
pompons, are being cut back
by the specter of lawsuits and
the high cost of insurance, say
two surveys out Tuesday.
More than half (58 percent)
of the 191 high school princi-
pals polled by the National As
sociation of Secondary School
Principals say activities have
been restricted for legalor in-
surance reasons. Most often
cited: gym classes, field trips,
vocational shops, science labs.
A third of 290 school law.
yers polled by the National
School Boards Association say
they ve seen programs
changed for liability reasons;
17 percent say they've been in-
volved in suits of out-of-court
settlements. Most often affect-
at: physical education classes,
student travel, playground pro
cedures, the use of volunteers.
Both surveys were commis
stoped by the American Tort
Reform Association
The Waukesha County Freeman
Waukesha County's Best Local News Source
Vol. 131,
Saturday, September 9, 1989
Lawsuit fears curtail some school activities
By Mary Ng
In a recent survey of 190 sec-
programs, were curtailed. Also, 301
Freeman Staff
ondary school principals by the
extracurricular programs saw some
WAUKESHA - A school dis-
National Association of Secondary
changes.
trict's fear of personal injury law-
School Principals, the National
Some local school administra-
suits seldom shows itself in any
School Boards Association and the
tors said recently that, while they
To some extent, every
spectacular way.
American Tort Reform Association,
refuse to let liability concerns sub-
time you open the
It doesn't cause area school
58 percent said they had noticed a
vert efforts to give students a well-
boards to ban field trips, favor flag
difference in the kinds of school-
rounded education, they do work
doors and let people In,
over tackle football, or bar children
related activities offered because of
with insurers to weigh the risks of
there's a risk of liabil-
from swings and monkey bars.
liability concerns. They reported
existing and proposed programs.
But the fear is out there, on the
that:
That process has resulted in
Ity."
minds of superintendents, princi-
#16 in-school activities, including
some changes:
Try to watch the homecoming
-James Rickabaugh.
pals. coaches and teachers.
industrial arts classes. field trips
"To some extent, every time you
and recess activities, had been ter-
parade in downtown Mukwonago
open the doors and let people in,
minated. with nearly 250 more
the year.
there's a risk of liability," said Oco-
modified.
nomowoc Superintendent James
051 extracurricular activities, such
as gymnastics and diving or scuba
See LIABILITY, Page 3A
Rickabaugh.
Liability
concerns
prompt
local
school
districts
to
cut
some
activities
From Page 1A
ager Bill Cantwell said that play-
met when a school buys new ones.
procedure that might present undue
learned that, when outside groups
ground equipment is a very closely
They won't let you have or buy
risk. But I couldn't say it's been
rented space at Banting Elementary
watched area." Another example is
one.
a drastic retreat."
School, kids were playing Tarzan,
You'll be lonely and bored. The
swings. which aren't on asphalt
'You can't resell ht, because the
For example, senior high science
swinging from basketball rim to
parade was discontinued three
unless there is soft material beneath
liability goes with it," Goedheer
students in Oconomowoc continue
basketball rim on these ropes."
years ago.
them.
said. If the factory can't refurbish
to go canoeing each spring.
Prior to that, faculty and staff
Ropes have been removed from
Try signing up for mountain
helmets, they are disposed of, said
We try to do everything we can
had usually hosted float-building
some of the schools, and may be
sessions at their homes and used
climbing in a Waukesha School
Oconomowoc's Rickabaugh-
to teach them safe practices," Rick-
removed from the rest. Besides con-
District physical education class.
HAnd finally, try to send your
abough said. "We think it's a
their autos to pull floats in the
sidering the implications of the
They'll tell you to take off your
child on a bicycle trek with his class
worthwhile experience, where they
parade, Superintendent Paul Strobel
Banting situation, officials need to
hiking boots.
in Oconomowoc.
learn practical applications of what
said.
ask, Is it OK to have kids going
A few years ago, someone sug-
You will find few, if any, trips
they have learned."
But it became clear that if there
up them, 60 or 70 fect off the
gested offering such a class, but
to take.
Last year, Mulwonage estab-
were an accident, the owner of the
ground, in class? Or is there
officials decided it was too risky,
Bike trips used to be very com-
lished a procedure for checking Into
house or auto would be responsible.
another way?" Goedheer said.
said Anthony Goedheer, executive
mon in elementary schools," Rick-
insurance coverage and bonding of
Faculty and staff weren't willing to
director of business affairs for the
abaugh said. We've become more
those who provide transportation,
Overall, liability concerns
take the risk, and the tradition
district.
conservative."
particularly for out-of-state trips.
haven't restricted the Waukesha
ended. It's since been replaced with
Try 10 locate a large trampoline
But Oconomowoc and other
This year. & group of students will
district, Goedheer said. He
a week of "spirit" activities, Stro-
in any of the school districts men-
county school districts haven't
venture to the Soviet Union.
described the district's philosophy
bei said.
tioned.
DiSearch for the curling, twisting
phased out all field trips and equip-
In Waukesha, about the only
this way: If you have to live in fear
You won't That's because insur-
ment that present risks.
things being scrutinized are the
of someone suing If you end up
slide at a Mukwonage playground.
ance carriers refuse to provide COV-
a was just removed.
"It"s an evolving process," Rick-
ropes used in physical education
withholding services from students
erage for them.
abaugh said. "We might do some-
classes to build upper body
You might as well close the
School District Business Man-
Try to acquire an old football hel-
thing If we see equipment or a
strength. Goedheer said officials
doors."
Goedheer
Hikes in liability insurance peril EAA event, chief says
By Lee Aschoff
grass-roots program In an attempt to start a
and parts manufacturers," Poberezoy said.
"They said they do not like dealing with
(R-Wis.) would be at the fly-in Sunday to
Skyrocketing liability Insurance costs are
"groundswell" effort to change product No-
"It's been a week Industry for years and
American Industry because of the legal sys-
discuss the product liability situation.
bility law.
threatening the existence of the annual Ex-
people have begun to wonder how long the
tem here," Poberezny said. "Lawsuits are
"We, as an organization. have to charge
aviation beniness would even last.
perimental Aircraft Association Convention
being won by individuals for things that are
Kasten has sought reforms In laws govern-
and fly-in. as well as the aircraft Industry as
the public and our members more to give to
not too reslistic. In England, you don't have
ing product liability cases, saying & uniform
the Insurance companies," Poberezny said.
"Letters to me have begun to come In with
ambulance chasers.
a whole. EAA president and founder Paul H.
federal system should replace & hodgepodge
Poberezay said Thursday on the eve of the
"If 11 continues to go up at this rate, we
increasing frequency from people In the
fly-in's opening in Oshkosh.
aviation Industry, saying that 30% of the
"The person suing better be pretty serious
of state laws.
couldn't get enough people to come to pay
the insurance, let alone the basic expenses.
cost of an airplane is Insurance premiums
or he'll end up paying all the fees."
Poberezny said the cost of liability Insur-
Kasten has said the law is needed to climi-
"We're very concerned.
This is not
and they can't find enough people to pick up
Other areas also are feeting the bite of rap-
ance for this year's fly-in increased 375%
pate a haphazard system under which some
only with the EAA but with all sorts of ac-
the tab, particularly small avistion business-
idly rising Insurance costs. Poberezny noted
over last year for $5 million less coverage.
injured consumers collect nothing and others
tivitles and industries throughout the coum-
es."
recent stories about the possibility some
are awarded damages many times larger
As a result. Poberazay will skip the cheery
try.
Foberezny codd be met with two repre-
Milwaukee ethnic festivals might not occur
than their loases. The new law should also
state-of-the-ansociation speech Sunday to
"The spotlight focuses on aviation and In-
sentatives of the Lloyd's of London Insurance
because of bigher insurance costs.
help stabilize rising liability insurance premi-
EAA members. Instead. he will outline a
juries and finding fault with the designers
company in his office Thursday.
Poberezny said Sen. Robert W. Kasten Jr.
ums paid by manufacturing firms.
Aide says Maier backs Garvey in primary
Mayor Maler is backing Edward R.
good, progressive condidate," Marnn-
Christollerson said Garvey had
whose seat Garvey Is seeking.
Garvey. deputy state attorney gener-
iss said.
encountered Maier while at City Hall
Maler. a Democrat, was host at an
al, In the 1986 Democratic primary
Garvey and Matthew J. Flynn,
OR other business Wednesday. The
April 15 civic luncheon thanking
for US Senate, Maier's office con-
former state Democratic chairman,
mayor invited Garvey to accompany
Kasten for his help in obtaining fed-
firmed Thursday.
are seeking the Democratic Senate
him to the Pollsh Fest rally at Three
eral money for Milwaukee during his
comination. Other candidates also
Maier introduced Garvey Wednes-
Seasons Bowl, In Oak Creek, and to a
first Senate term.
day night to about 300 people at an
may enter the race. in the 1980 may-
reception honoring the Fire and Po-
organizing rally for Polish Fest by
oral race, Flynn supported Maier's
Lice Commission at the Park East
"The mayor never said he was
opposent. Dennis Conta.
Hotel Downtown.
supporting Kasten for re-election."
saying be supported Garvey in the
Maraniss said.
primary. according to mayoral staf-
Maler's endorsement of Garvey
fer Elliott Baraniss, who attended
was mentioned to a reporter Thurs-
Maraniss said Maler's support for
But with respect to Garvey. Maier
the rally.
day by William Caristofferson, Garv.
Garvey had "nothing to do" with
is "not going beyond the primary," at
ey's campaign manager, who said it
Maler's praise earlier this year for
least for how. Maraniss sald. adding,
"The mayor thinks Garvey 13 a
was unexpected and welcome
Sen. Robert W. Kasten Jr. (R-Wis.).
"Draw your own conclusions."
58-90-2
DAILY CITIZEN NEWSPAPER
FEBRUARY 17, 1989
Schools hit by liability costs
By SHEILA STORM
Strand said liability laws
Increased costs of certain
have also created an in-
have been reduced.
about possible litigation,"
products affect all con-
"The rules make the
creased financial burden to
Hanson said.
sumers, according to Mau-
schools.
coaches and administrators
The Beaver Dam Unified
rice Bishea. executive
For example, football
more aware of all the safety
director of the Wisconsin
helmets, with a life span
features of the game," he
School District governing
said.
board recently approved the
Coalition for Civil Justice,
of six to eight years, have
purchase of new play-
which is proposing changes
to be re-certified at the end
ground equipment for Jef-
in liability laws. (See re-
BISHEA, also said some
of each season and schools
ferson School to replace
lated stories.)
gymnastics programs are
with weight rooms may
For example, 25 percent
being cut back because of
"old, deteriorating"
of the cost of a football
have hired additional peo-
liability reasons.
equipment, according to
ple for closer supervision
Martin Richardson, district
helmet can be attributed to
Strand said he is not
of those using the facilities,
administrator. "The old
liability exposure, he said.
he said.
aware of any gymnastics
programs that have been
equipment will be replaced
In Beaver Dam, the cost
Strand said potential
discontinued, but he and
with a more modern, safe
of a helmet wom by a
problems could result from
variety," he said.
Beaver Dam High School
athletes who wear non-cer-
Bob Hanson, junior high
football player is approx-
tified helmets.
principal, said trampolines
Don Duerst, district
imately $100-$120 says
were removed from the
"Court settlements (in-
business manager, said the
Dick Strand. high school
volving football helmets)
schools several years ago
two modular units of play-
athletic director.
for safety reasons.
have been in the millions,'
ground equipment cost a
"There are some things
the athletic director said.
total of $13,968 and will
STRAND, who has been
we. do differently because
He tsaid some helmet
be an addition to equipment
purchasing helmets or
of liability," Hanson said.
already at the school, with
companies have gone out
about 10 years, said the
For example, he said stu-
of business. because of
the exception of two the
price of helmets has dou-
dents do not help with
lawsuits or because they
older units that will be res,
bled in. the last six years
pulling out bleachers, set-
moved.
saw what was coming and
and keeps going up.
ting up equipment as much
did not want to take any
The board has long-range
"But the bottom line is
as in the past.
risks.
plans to "enhance and up-
the safety of the kids, and
'(The laws) are a con-
But, Strand said he is in
date" all the elementary
1 think we have accom-
stant reminder that we not
favor of the liability laws
playground equipment dur-
plished that." he said.
only have to be concerned
to the extent that injuries
ing the next three years,
about safety, but also worry
Duerst said.
PORTAGE, WI
REGISTER
7,116
FEB 4 1989
Scouts haven't ended paper drives
yet
big money maker for the troops and
Scouts go into people's basements
Maas, who coordinates the paper
businesses.
By SARA J. KUHL
drives, leaves special pick-up
Kruger said during the August
provides a necessary community
and garages to remove newspapers
Register Assistant Editor
and magazines. A fter a recent poli-
instructions for the scouts regard-
drive, which was held in. 100
service, increases in liability insur-
PORTAGE - Portage's Girl
ance may put & stop to the bi-
cy and procedure update from the
ing these people.
degree-plus temperateres, nine
national Girl Scout office, that
Kruger said about 80 percent of
people worked for six been 10
Scouts, haven't abandoned the
monthly project.
the residents requesting special
remove 35 years worth of may-
newspaper drive ship yet. That's
Kruger said in the past, local
practice is now a big no-no, Krue-
the word from troop leader Judy
troops have side-stepped rulings
pick-ups are not elderly or hand-
zines from the besident
ger said.
City residents have been
icapped. "These people have a lot
business.
Kruger.
which prohibit scouts from enter-
Kruger said currently two city
ing private dwellings during the
instructed to place their newspap-
of paper and don't want to haul is
The paper drives and to be Riber
ers on the curb for paper drive pick-
out so they call Mr. Maas and he
intensive with about 30 addres and
troops take care of collecting the
course of their activities. While
assigns a special pick-up."
scouts working from 9 am. until 4
newspapers and will continue to do
selling cookies, Kruger said the
up, but some people can't or don't
The Girl Scouts have been given
p.m. Kruger said the group doesn't
so until a ruling on the situation
girls are instructed not 10 go into
want to carry the stacks to the
instructions by Maas to clear out
comes from the Blackhawk Girl
private homes due to liability
street.
Scout Council in Madison.
City alderman and solid waste
massive amounts of newspapers
scouts
turn to page 2
insurance problems.
committee chairman Franklin
and magazines from homes and
While the newspaper drive is a
During the paper drives Girl
thereafter, Kruger said.
ing pick-ups will be made shortly
drive and a decision about upcom-
continue with the February paper
The scouts and their parents will
end of such a project
before taking on the administrative
need Blackhawk Council approval
routes. And the Girl Scout troops
ups were eliminated from the
ing the paper drive if special pick-
he would not continue coordinat-
her requests fell upon deaf ears.
work out a solution with Maas but
paper drives has Kruger upset. But
al groups.
According to Kruger, Maas said
the troop leader added she tried to
The thought of giving up the
insurance costs would sink the loc-
money off the paper drive, the
Although the troops make good
between $6-10,000 per year.
ance, Kruger said it would cost
troops to take out liability insur-
In order for the specific Portage
due to frigid temperatures.)
been postponed until next week
ance. (Today's paper drive has
troop in trouble with liability insur-
what be done to continue the
observe the next paper drive to see
The council's attorney plans to
youngsters involved.
hawk Council is the safety of those
of the troop leaders and the Black-
ger said. But the ultimate concern
the drives.
scouts
effort without putting the scouting
provide community services, Kru-
drives that proves the scouts still
It's efforts such as the paper
and adults, Kruger said they enjoy
takes a lot of work for the scouts
stop for breaks. Even though it
from page one
drives pending
Decision on
The Waukesha County Freeman
Waukesha County's Best Local News Source
Vol.
No. 139
Saturday; September 9, 1989
Lawsuit fears curtail some school activities
By Mary Ng
In a recent survey of 190 sec-
programs, were curtailed. Also, 301
Freeman Staff
ondary school principals by the
extracurricular programs saw some
WAUKESHA - A school dis-
National Association of Secondary
changes.
trict's fear of personal injury law-
School Principals, the National
Some local school administra-
suits seldom shows itself in any
School Boards Association and the
tors said recently that, while they
"To some extent, every
spectacular way.
American Tort Reform Association,
refuse to let liability concerns sub-
It doesn't cause area school
58 percent said they had noticed a
vert efforts to give students a well-
time you open the
boards to ban field trips, favor flag
difference in the kinds of school-
rounded education, they do work
doors and let people In,
over tackle football, or bar children
related activities offered because of
with insurers to weigh the risks of
there's a risk of liabil-
from swings and monkey bars.
liability concerns. They reported
existing and proposed programs.
But the fear is out there, on the
that:
That process has resulted in
ity."
minds of superintendents, princi-
16 in-school activities, including
some changes:
pals, coaches and teachers.
industrial arts classes, field trips
Billy to watch the homecoming
-James Rickabaugh.
"To some extent, every time you
and recess activities, had been ter.
parade in downtown Mukwonago
open the doors and let people in.
minated, with nearly 250 more
the year.
there's a risk of liability," said Oco-
modified.
nomowoc Superintendent James
851 extracurricular activities, such
Rickabaugh.
as gymnastics and diving or scuba
See LIABILITY, Page 3A
Liability concerns prompt local school districts to cut some activities
From Page 1A
ager Bill Cantwell said that play-
met when B school buys new ones.
procedure that might present undue
ground equipment is a very closely
learned that, when outside groups
They won't let you have or buy
You'll be lonely and bored. The
watched area." Another example is
risk. But 1 couldn't say it's been
rented space at Banting Elementary
one.
a drastic retreat."
swings, which aren't on asphalt
School. kids were playing Tarzan,
parade was discontinued three
"You can't resell it, because the
unless there is soft material beneath
For example, senior high science
swinging from basketball rim to
years ago.
liability goes with it." Goedheer
students in Oconomowoc continue
Prior to that, faculty and staff
them.
basketball rim on these ropes."
said. If the factory can't refurbish
had usually hosted float-building
ESTry signing up for mountain
to go canoeing each spring.
helmets, they are disposed of, said
climbing in a Waukesha School
We try to do everything we can
Ropes have been removed from
sessions at their homes and used
Oconomowoc's Rickabaugh.
their autos to pull floats in the
District physical education class.
to teach them safe practices," Rick-
some of the schools, and may be
And finally, try to send your
abaugh said. "We think it's
removed from the rest. Besides con-
They'll tell you to take off your
a
parade, Superintendent Paint Strobel
child on a bicycle trek with his class
worthwhile experience, where they
sidering the implications of the
said.
hilding boots.
in Oconomowoc.
learn practical applications of what
Banting situation, officials need to
But it became clear that if there
A few years ago, someone sug-
You will find few, if any, trips
they have learned."
ask, "Is it OK to have kids going
were an accident, the owner of the
gested offering such a class, but
to take.
Last year, Mukwonago estab-
up them, 60 OF 70 feet off the
house or auto would be responsible.
officials decided it was too risky,
Bike trips used to be very com-
said Anthony Goedheer, executive
lished a procedure for checking into
ground, in class? Or is there
Faculty and staff weren't willing to
mon in elementary schools, Rick-
take the risk, and the tradition
director of business affairs for the
insurance coverage and bonding of
another way?" Goedheer said.
abaugh said. "We've become more
district.
those who provide transportation,
Overall, liability concerns
ended. It's since been replaced with
conservative."
HITry to locate a large trampoline
particularly for out-of-state trips.
haven't restricted the Waukesha
a week of "spirit" activities, Stro-
But Oconomowoc and other
in any of the school districts men-
This year, a group of students will
district, Goedheer said: He
bel said.
county school districts haven't
tioned.
venture to the Soviet Union.
described the district's philosophy
Search for the curling, twisting
slide at a Mukwonago playground
You won't That's because insur-
phased out all field trips and equip-
In Waukesha, about the only
this way: If you have to live in fear
ment that present risks.
ance carriers refuse to provide COV-
things being scrutinized are the
of someone suing ... If you end up
It was Just removed
erage for them.
"It's an evolving process," Rick-
ropes used in physical education
withholding services from students
School District Business Man-
QTry to acquire an old football hel-
abaugh said. "We might do some-
classes to build upper body
You might as well close the
thing if we see equipment or a
strength. Goedheer said officials
doors."
Goedheer
DISTRIBUTORS
CONSTRUCTION
1654 Morrow Street
414-432-8697
SUPPLY &
P. O. Box 1247
WI 800-242-5626
EQUIPMENT, Inc. Green Bay, WI 54305
MI 800-992-3273
July 17, 1989
Governor Tommy Thompson
State Capital
Madison, WI 53702
RE: Tort reform
Good morning Governor Thompson.
In talking to Bill Smith of the NFIB I understand you are
being told that the product liability problem no longer exists.
Tommy, please listen to Bill as my representative, what the
lawyers are telling you just is not true. Here is the situation
my business is trapped in
The sale and rental of scaffolding to general contractors
is 5% of our revenue. Because we deal in scaffolding rental we
were dropped by Tower Insurance of Pewaukee about 5 years ago.
Since that time I have been searching but have not found ONE
domestic insurance carrier willing to even BID on my coverage.
I was able to join the Scaffold Industry Association and carry
insurance thru their captive, offshore insurance program. Out
of ever $100.00 in rent I collect 9.8% goes straight to the
insurance company. My total insurance cost last year on $2.3
million in sales was over $45,000.00. Don't you think that
could be better used if I could share it with our 15 employees
thru increasing the Profit Sharing?
Please remember that this coverage is with an "Offshore",
which is not licensed or governed by the state so if I ever have
a real claim, either do to a scaffold related injury or any
other product we sell, I have no guarantee they will be able to
stand behind it.
I urge you to do all you can to expedite tort reform thru
ending "deep pocket" liability and limiting awards for pain and
suffering or any other suggestions Mr. Smith and the NFIB may
make.
Sincerely,
Chief Executive Officer
BCG/le
CC: Bill Smith, NFIB, Madison
Morey
AIRPLANE COMPANY, INC.
MIDDLETON. WISCONSIN 53562
MOREY AIRPORT P.O. BOX 8
608/836-1711
Senator Lynn Adelman & Committee Members
Senate Judiclary and Consumer Affairs Committee
Room 421 South
State Capitol
Madison, Wi
Dear Senators:
Middleton. My name is Field Morey. I am the owner and manager of Morey Airport in
Morey Airport is a public use airport designated as a reliever airport
to Dane County Regional airport in Madison. It serves as a landing
area for private and business owned aircraft flying to Madison and
Western Dane County. It ranks 17th in traffic operations out of 108
airports In the Wisconsin Airport System. It is unique in one respect,
It is privately owned and has operated for the last 45 years without
one penny of federal, state or local tax subsidy.
Since our airport is open to the public without any fee for landing as
are all airports in the state, we must generate our revenues in the
air charter and flight training business. For the past 45 years we
have safely trained thousands of pilots and flown for all those years
with a perfect safety record in the air charter business.
We are operating today in an legal environment that could snuff out
all those years of hard work and dedication to aviation safety. All it
would take would be one accident involving an aircraft that was either
poorly maintained or piloted in a negligent manner. The fact that we
maintain high limits of liability together with the present "deep
pocket" attitude could put an end to this airport which handles 43,000
takeoffs and landings a year all without charge to the public and all
without tax costs to the public.
In addition to 18 people losing their Jobs It would be a devastating
slap in the face to private enterprise and a great loss to the
transportation system of Wisconsin.
I thank you for the attention and urge your support for SB330.
Yours truly,
Labo
Mensure
John Morey import
Fleld Morey
Mgr.
SEP 04 '92 01:02PM 6082510533DONALDAI^
P.1/2
Donald K. Stitt
State Senator
20th District
Capitol: 608-266-7513 Home Office: 414-284-4455
FACSIMILE COVER SHEET
FAX #600/266-7030
FAX # 2
2
Number of Pages Attached, including cover page
If pages are not all received or are illegible, please
Ball: 608/266-251-0533
PLEASE DELIVER TO:
Jeanle Bunton
FAX NUMBER OF ADDRESSEE: 202-456-6218
FROM:
John m. murray
-
Message:
JEANIE --
Here's the info you need to validate the Yatkus quote (we
faxed a CC earlier). If further info is needed, please
don't hesitate to contact MICHAEL VAUGHN (608/257-7181),
who represents the Wisconsin Institute of CPAs.
SEP 04 '92 01:02PM 6082510533DONALDAJ°
P.2/2
08/04/92
14:00
608 257 2508
MURPHY & DESMOND
002
Clifton,
5301 Tokey Boulevard
Madison Wisconsin 53711
Gunderson
(606) 71-1126 Telephone
Ceritfied Public Accountants & Consultants
(608)271-3196 Fox
Testimony presented 1/28/92 at hearing of the
Wisconsin assembly on ASSEMBLY Committee BILL 612 on Judiciary
wisconsin Institute
NAME:
Richard Sprain
86CPAD 86 CPAD
REPRESENTING:
WICPA as its President and myself as a practicing CPA
PURPOSE OF BILL:
To reinstate a "date of discovery" rule for accounting
services.
REASON FOR BILL:
Dramatic increase in number of law suits filed against
CPA's. In 1989, A major insurer of CPA's in Wisconsin
found that 1. out of every 5 firms had & suit filed
against them. Wisconsin CPA's have suits filed from
27 to 88% more often than CPA's in other states.
Wisconsin is not a state that has poor educational
standing based on recent information. Statistics for
the period 1986-89 show Wisconsin candidates for the
uniform CPA exam were among the top 5 states in all
measured areas. More recent information from the
AICPA shows Wisconsin candidates were in the top 10%
overall in passing the CPA exam nationwide.
A 1991 survey of practicing CPA's in Wisconsin showed
that 37% had no insurance. Other estimates run RS
high as 40% of firms practicing without insurance.
24% of those firms surveyed had complaints, claims or
suits against them.
The major reason for no insurance is cost. Wisconsin
firms are paying 2-1/2% of gross fees for insurance
premium cost for a typical law firm in general
practice is up to 1/2% of gross fees. Medical
insurance costs have been dramatically reduced because
of legislation passed in previous years.
The result of all this leads to the conclusion that a
lack of a "date of discovery" rule is the major
problem.
This bill is presented to rectify this situation:
SEP 04 '92 12:35PM 6082510533DONALDA5°
P.1/2
Donald K. Stitt
State Senator
20th District
Capitol: 608-266-7513 Home Office: 414-284-4455
FACSIMILE COVER SHEET
FAX #600/266-7038
2
Number of Pages Attached, including cover page
If pages are not all received or are illegible, please
call: 608/265-25/-0533
PLEASE DELIVER TO:
Jeanle Bunton
FAX NUMBER OF ADDRESSEE: 202-456-6218
FROM:
John m. murray
Message:
Call IF you need anything
Further.
P.2/2
CPA urging liability law reform
Corn,
By Mike Yaktus
smacked with a $300 million jury
of its insured accountants in 1989.
VIEWPOINT
award. The profession cannot af-
That was the highest year, but the
record
As a wave of lawsuits floods
ford to pay out such sums and ex-
five-year average from 1987
through the CPA profession, ac-
Viewpoint is a weekly column
pect to remain viable.
through 1991 still shows a claim
countants and auditors are becom-
By Diane Duston
that highlights issues facing the
In Wisconsin, the situation may
frequency average in excess of 11
ing more selective in taking on
Associated Press
area's key employers.
be even worse than it is nationally.
percent. The Wisconsin experience
clients.
WASHINGTON - R
Hundreds of millions of dollars
It is estimated that as many as 40
has ranged in recent years from al-
vests are predicted for
more emphasis on evaluating the
percent of Wisconsin's practicing
most three times the average to
have already
soybean crops this year,
risk of certain clients and are thus
accountants are "going bare" (i.e.,
"only" 167 percent of the national
been paid in
production up 17 percen
auditor liabil-
becoming more choosy in regard to
not purchasing professional liabil-
average in 1991.
beans up 5 percent from
ity lawsuits,
their client base. This would be
ity insurance) because of the lim-
The net result from all of this is
Agriculture
Departm
similar to doctors only agreeing to
ited availability and high cost of
and an esti-
that every user of CPA services is
Wednesday.
mated 4,000
treat healthy patients.
such coverage, according to testi-
paying more to cover the share of
Wheat and sorghum
How bad has it been? Last year
mony at a 1992 Wisconsin legisla-
suits are pend-
overhead represented by increased
are expected, to be large
alone, the six largest accounting
tive hearing.
ing nationwide
insurance premiums or the self-in-
year.
firms spent $477 million in litiga-
The hearing was on a bill to rein-
with as much
surance reserve. It may mean that
Although it was coole
tion and related costs. Combine this
state a time-period limitation on
as $15 billion
some potential users of CPA ser-
mal in the Corn Belt th
with the continued pressure of fu-
lawsuits involving professional ac-
in
damage
vices will not get the benefit of any
temperatures were hi
ture potential lawsuits and already
counting services. These kinds of
awards
at
assistance, as accountants become
that, when combined wi
Yaktus
one of the larger accounting firms
limitations once existed, (and the
stake.
defensively selective about who
dant rainfall, corn was I
Accounting firms are placing
in the nation has folded.
statues creating the limitation have
their clients will be.
be 79 percent good or I
In May, for example, a Texas
not been changed), but courts
It also means that the ultimate
Aug. 2.
jury imposed a $338 million judg-
around the country and in Wiscon-
payer of this expense will be the
Average yield per E
ATTENTION
ment against a CPA firm, and last
sin have changed their interpreta-
loser as these expenses are passed
crop is now forecast to
year another CPA firm was
tion of these statutes.
down the line.
121.3 bushels, up 12.7 t
Laser Printer
Now, actions that once had to be
While I have only touched on the
last year's yield.
brought within three or six years of
surface of this issue, it is quite
As livestock feed,
04 '92 12:35PM 6082510533D0NALDA=°
and P.C.
the occurrence of the act may be
BARGAIN AIRFARES
clear that federal and state law-
largest and most im]
brought within three or six years of
makers should reform partnership
farm cΓop and is esse
Copier Owners
From Madison, R/T
the "date of discovery" of the prob-
liability law to prevent accounting
production of meat,
Chicago. Minneapolis, Cedar Repida '100
lem. That creates an environment
Remanufacture
firms from being smothered by Iiti-
dairy products.
Fargo, Bloux Falls
$120
where one "discovers" the problem
gation. U.S. business and capital
USDA says soybear
Your Toner
Detrol), Lansing, Repid City,
at whatever time it's handy to com-
markets face serious consequences
ghum and spring whe:
Cleveland 5 Pritaburg
$130
mence a lawsuit!
unless these problems are quickly
enjoyed ample July s
Cartridge for
Columbus, Harrisburg,
Nashville, Louisville
$150
Wisconsin may be the best ex-
corrected.
out excessive heat, )
Hartlord, Atlanta. Now York.
ample of the puzzling nature of the
only
Yaktus is a vice president with
casters to predict:
$4999
Washington, Philadelphia,
Releigh & Charlotte
170
current litigation boom. Over the
Madison Investment Advisors. He
Soybeans will COI
Boston. Monick, Richmond
*180
years, Wisconsin test-takers of the
also is a certified public accountant
billion bushels for a 1'
Dellas
*190
uniform national exam for CPA
and is currently president of the
New Orleans, Charleston,
candidates have scored, on an aver-
southern chapter of the Wisconsin
Jecksonville, Houston, Denver
*200
age, at or near the top of the state
Institute of Certified Public
BU
Portland (ME). Billings. Tampa,
Orlando, Sarasota, Fl. Myers
$210
averages for each exam and its
Accountants.
Burlington, Mem. Albuquerque, Austin
various sub-parts. Yet, Wisconsin
Business women - The B
Ft. Lauderdale, San Lake, Missoule
220
Get more copies per cartridge
CPAs are, again on the average,
Business Thursday welcomes
fessional Women's Club of ,
San Antonio, Bozeman & Phoenix
$240
comments on the industry View-
Mary Bean of the League
among the most frequently sued in
speck at its dinner meet
Get sharper copies with your
Tucson. Les Vegas
'260
the nation.
point column. To be considered for
Tuesday in the Howard
remanufactured cartridge
Eugene, Seattle, Reno, B Paso,
Portland OR, Spokene
'270
The statistics, admittedly anec-
publication, letters must be signed.
Hotel, 525 W. Johnson St.;
233-0231 or 836-5536 for n
Remanufacturing is Recycling!
Los Angeles, San Diego. Ontaino
$280
dotal in nature, are staggering: a
Address correspondence to Business
fors welcome.
Call for Free
*280
leading insurer of Wisconsin CPAs
News, Wisconsin State Journal, Box
Financial strategies ID
San Francisco
$300
had claims filed against one in five
8058, Madison, Wis. 53708.
vices will present a free se
Sen Jess, Oakland
the most of your financial
Pick-Up & Delivery
From Miwaukes, R/T:
*190
Daycare 1
1 anit. habing inserance
[ Church daycare] J
# 10yrs. Orgib in 5yr group today
- sizer birlding matters
Bryan Dake 9/3/92
Softball league
didn't comeble
of base space
not insurance liability
liabing ins. is
blanket coverage
1 SUSM DREYPUSE
OLD - TIMES
CONFIRMED IS
TRUMAN STOP - MAIN
[ZREMEMBER T ]
KENNEDY VISITED - Also
"THE SPINGS ANERE 1218)
A
HOME OF ALFRED LUNT
AND LYNN (i) FONTAINE
THEATRE ENTERTAINED
@
TEN CHIMNEYS
FAMOUS FOR WATER
PLPES CHICAGO to WANKESHA FOR
COLLIMPIAN COUNTRY
only K! 40F ENGLAND WOMD
DREYFUS P2
THE WHITE HOUSE
WASHINGTON
SLAVERY/ ABOUTTON
KEEP KEY STATION FOR
UNDERSBOWND E-R
TRUMAN WHISILE STOP
Brue WEIN HOUSE BORN 15]
PRONUNCIATION
WOK - ashan I
slogan- "IMAGINE" 1,
truly describes the co-
- THINGS
FIVE BTORE BREAK- -
HELP YOU HELP VENRSELF)
(DENT LET ns WANT TO DD IT
(241-1392) 703
5 SEPT. 1992
THE WHITE HOUSE
WASHINGTON
SUSAN DREYFUS -
LEE
IMPORTANT FORMER GOV. "DREYFUS
EMCEE ON MONDAY
POTUS FRIEND
NORTH OF WAR (HERE I RIPON) [RIP un] ]
REP. PARTY BOEN
FIGHT SIDE OF HUMAN RIGHTS ISSUE THEN
1855 FROM WAK- FTR5T-EVETR PEP CAND
BEAT DEMS LN mise - A- DEM GDV. -
BEAT THE DEM.
ALL REP. COMPTHOUSE
HARD-PRESSED TO FIND A DEMOCRAT
FOR FAMOUS "SPPING MATER'
ICNOWN BETHESDA SPRINGS - ONE OF MORE FAMERS
HEALING POWERS-
KNOWN THROUGHOUT WISC- - CUTTING CDLE OF
ENVIRO ACTION
ANTICIPATORY JTB CENGER is
LOND - TIRE FILLEND NOW DECEASED
CONG. GLEN DAVIS - HIS SON 15 A JUDGE
IN WAK co.
THE WHITE HOUSE
WASHINGTON
GE MEDICAL SYSTEMS - SPACE AGE
TECH HOMELSOUN IN WISCONSIN
HURRICANE ANDREW ( DEVASTATION)
POWER OF NAMBE
HILLS LAKES BLUERS
GLACLER 00 EITHER WAY-
covr CAN GO ELTHER WAY
(KEREL MURRATIN) SP-
TO CRIME - MURDER IN
REF. GROVE-FREACED EVERYONE KEWED
ELM 84 4R-aD WOMAN & SON SHERIFF
OUT HOME - LOCAL CO. LESS
PEPT. THAN A MONTH - COUETH
LN SERVED CRIME IN w
COMECTILANT
ARNOLD MONCADA (REP.)
REING 4- ELECTIONION THES.
THE WHITE HOUSE
WASHINGTON
LOCAL PEOPLE TAIKING 188 JOBS CENTER
TODING WHAT POTUS is CALLING FOR
OPEN IN 94 (OFERATIONAL)
ONE STOP-SHOPPING
LLNIC EMPLOYERS to EES - MATCHINE
DEMANDS- -
BRING LN ED
TRAIN 6 /JOB PLACEMENT/ UP-GRADINE]
SKILLS
LOOKS@ GRADUATES
WORKFORCE MEET DEVELOPMENT
-
THAT PROBLEM'S NOT GONNA
THAT NEED 02 WILL NEED THE JaBs
PN THE FUTURE
wisc.
lowest cap. gains tax of
any state in the
1 I Matrin -
11
Wive the exact appoite
of Arkansas - 4
One 9 top SAT scones
1 in country
Cut taxes /cut cap gam
has like item veto
Submibine luer
factory wolers
dain, farmers
Cros-section
*
diversity / commitment
to education
economically
[Brian Dake]
Susan Dray Sus (37)
CS - County Exec.
(Kathlan)
0- 1 414-548-7902 Judge Lee
H 414-544-1104
5/
17
Truman stop in Wauhesha
on Whiske stop cangaign? 7
Brian Q ]
FJOHN SWAIN
lot ACTIVITY OF LAKES/ LAKE
HISDANIC pop. n/iN WOK.
DAIRY FARMINE/CORN
CARROLL COLLEGE
OLDEST COLL. IN STATE
FOUND 1846
"THE PIONEERS"
UBERAL ARTS,,
Aarvester IM'L
1 tech background
wok TELH COUEZE
coum. KEPS STATE'S success
THE white house
wASHINGTON
ED-51
John Swan(?)
most Rep. county
fastest frowing in State (?)
all- American county
borning -
GE Med. syskms
*
(used 2 be a health spa)
Sping water
(G, historical Soc.)
West Wing
DOJ COMMAND
CTR
1
GENE SCALIA
MAIN #
514-5000
fax- 202-514-4699
92-09-04 15:16
P.1
NFIB Wisconsin
National Federation of
Independent Business
FAX COVER SHEET
DATE: Sept.4,1992
NUMBER OF PAGES: 2
(Including this page)
TO:
Jeanie Burton
COMPANY:
office of Research/White House
TELEFAX NUMBER: 202-456-76218
FROM: BILL G. SMITH
STATE DIRECTOR
TELEFAX NUMBER:
608/255-4909
IF THERE ARE PROBLEMS WITH TRANSMISSION
PLEASE CALL as 608/255-6083
MESSAGE:
as promised - hope
it is helpful
pill
State Office
Suite 516
119 M.I.. King Jr. Blvd.
Madison, WI 53703
(608) 255-6083
Par Guardian of
and
92-09-04 15:16
WISCONSIN STATE JOURNAL - MADISON BUSINESS 9/3/92
2F
Legal system
not to blame
for CPA woes
By Sherman Stock
and Nancy Rottier
It is astonishing that an article
could be written in 1992 by a CPA
complaining about the legal diffi-
culties facing his industry without
once mentioning the role CPAs
played in the still-to-be-fully-unra-
velled savings and loan scandal.
When Mike Yaktus addressed the
Stock
Rottier
problem of a "a wave of lawsuits
(that) Boods through the CPA pro-
ression." 111 his Aug. 13 Viewpoint
VIEWPOINT
column titled. "CPA urging liability
law reform." he aimed his criticism
Viewpoint is a weekly column
180 degrees in the wrong direction.
that highlights issues facing the
His approach - blaming the legal
area's key employers
system - is comparable to revell-
ers of the night before complaining
tion problem il faces obviously adds
about the performance of the work
to the problems and intensifies the
crew and its cleaning equipment
need for some kind of change or re-
that WHS summoned to have away
structuring to survive. But will an
the debris the party goers left be-
assault on our system of civil jus-
hind.
tice accomplish anything for them"
()f course. as Yakius grouns.
of course not
their are currently record numbers
11 is currently very popular to
of lawsuits against accounting
lay blame for every business ill at.
firms across the country. Of course
the doorstep of our legal system.
there are hundreds of millions and
The high cost of medical care de-
even billions of dollars in judg.
livery is driven by the cost of mal
ments and legal expenses involved.
practice insurance, we are told. The
Of course some accounting firms
fact is it amounts to less than 1 per-
have gone under and others are tee-
cent of that cost. Our liability laws
tering on the brink. But the ac.
have created a sue-crazy society
Cindy Meyers, Rockdale's senior decorator, selects handmade pots for decorating
counting industry was not placed in
that is plaguing product manufac-
that position by the liability laws of
turers, we are told. The fact is, only
our country or state. The account-
one in 61 victims of defective prod-
ing industry was an integral part of
ucts seeks redress In the courts. The
Potter is renovatii
the S&L buildup and enormously
list goes on and on.
profitable binge of the 1980s: and,
We are not aware that there are
nationally, they must share some
a great number of problems in Wis-
Continued from Page IF
responsibility of its collapse.
Is that too harsh an assessment?
consin left in the wake of the S&L
Town home to se
scandal. We question Mr. Vatkus'
been rerouted and the mill operated
We don't think so. When the scandal
first broke, leaders in the account-
"statistics, admittedly anecdotal in
on electric power until it closed in
Cambridge has become some-
nature," that put claims against
1989.
ing industry appeared before the
Wisconsin CPAs at one in five and
Jackson said renovating the old
thing of a pottery center. In CO
House Banking Committee to plead
building was attractive because of
addition to Rowe Pottery Works
fue
the industry's case. Committee
"among the most frequently sued in
the mill's vital role In the early
and Rockdale Union Stoneware,
to:
chairman, Texas Congressman
the nation."
Mark Skudlarek, a former potter
bri
growth of commerce in Cambridge.
Henry Gonzalez, gave them a cool
However, whatever the figures
for Rockdale, has opened his
Jui
The building's historic flavor, he
reception, charging that auditors of
may be, he has not made the case of
own studio and store just west of
uld
said, is also a perfect match for
S&Ls were "derelict in their re-
weakening the liability laws that
Rockdale's specialty of making and
Cambridge on Highway 12,
an
sponsibility to sound early alarms
keep a check on the activities of his
selling reproductions of 19th cen:
called Cambridge Woodfired
about impending disasters."
tury salt-glazed pottery - the
Pottery.
Po
profession. The situation the ac.
Since that time it has become
counting industry is experiencing
familiar gray stoneware with a
And recently. another retail
ski
clear that there was more to it than
today is not the norm. When after-
shop, Bear Pottery, has opened
ter
shocks of the S&L scandal finally
blue pattern.
that. One expert in the field de-
on Main Street. Ken LaBarre,
sha
Bob Sieger of Sieger Architects
clared, "Some auditors may have
end. the number of lawsuits against
of Madison designed the renovation
who has his factory in Highland
35
been too close to their clients and
accounting firms will return to a
and a store in Lake Geneva,
CO
and Rockdale's production man-
allowed them to do things that they
much lower number. Judgments
ager, Eric Johnson, is coordinating
opened the Cambridge store last
Mc
shouldn't have done." Those situa-
taken against them will be few. And
June.
an
the project.
tions contributed greatly to the
threats of bankruptcy in the indus-
Jackson, an Oklahoma native,
flood of liability cases the industry
try will be rare occurrences.
has been making pottery since
Jackson's leadership has been
faced and still faces.
Weakening the liability laws that
1971. In 1980 he graduated from
rapid. He left Rowe in April of 1984
CBI
It is understandable that ac-
apply to accountants at this point
Knox College in Galesburg, Ill.,
and within a few months he had
the
countants should be concerned
would obviously have no effect on
where he studied studio arts and
lined up investors, rented space in
em
about their industry in today's trou-
what happened in the past or on
then served a production appren-
an "old chicken coop" east of Cam-
fro
bled economic times. It. like so
that natural progression to a return
ticeship under master potter Wayne
bridge. installed a kiln and was able
Cal
many industries, is suffering from
to normal The more likely result of
Branum in Milaca, Minn.
to show pottery at the Chicago Gift
191
the current business downturn. Fur-
a change in the liability laws would
He said he came to Cambridge in
Show late in July.
thermore. it suffers from the rapid
be that some of the deterrent effect
1982 to work at Rowe Pottery, but
advance of technology The in-
of our current laws would be weak-
left after a falling out in 1984.
crease in computerized company
ened or lost.
"That's when I became an entre-
records have cut deeply into their
Business Thursday welcomes
preneur." he said. "When I had to."
business opportunities. The litiga-
comments on the industry View-
And while he says he now enjoys
Sherman Stock is
point column. To be considered for
turning a profit as much as turning
Rhyth
communications director and Nancy
publication, letters must be signed.
a pot, he still has his own studio at
Address correspondence to Business
his home in Rockdale a few miles
Rottier is research director for the
of
trial
News. Wisconsin State Journal, Box
south of Cambridge.
Extended Page
2.1
Wisconsin Academy of trial
News, Wisconsin State Journal, BOX
south UI
8058. Madison, Wis. 53708.
Rockdale Union's growth under
lawyers.
"Taste of E
However. later studies by the
Steve Cunderson, R-Wis., said the
Milk
FDA have found little, if any resi-
FDA is doing its best to meet with
dues of unregulated drugs in milk.
the industry in light of criticism
said Dr. Steve Gustavson. 2 repre.
from both the GAO and New York
COI
Continued from Page If
sentative of the FDA's Center for
Rep. Ted Weiks, who argues the
Veterinary Medicine.
milk supply isn't safe.
known.
Wisconsin Agriculture Depart.
The FDA may want to give
For Wisconsin, the issue is Im-
ment inspectors, who regularly test
farmers more detailed guidelines
portant because it produces about
for four drugs but perform spot
for drug use to prevent Congress
5
GRA
one-fifth of the nation's milk. Any
checks at dairies for dozens more,
from passing more laws that would
problem that scares consumers
found three traces of other drugs in
restrict the industry without im-
from dairy products hurts Wiscon-
50 truckloads of milk tested. The
proving milk safety. he said.
sin's $3 billion milk-producing in-
traces were well within safety
PRIZ
dustry and its $10 billion cheese-
threshholds determined by the
manufacturing industry.
FDA. said Mike Barnett, a technical
Offshore rigs damaged:
specialist for the state Agricu
HOUSTON (AP) - Hurricane An-
Rhythm and Amer
"
In 1989, studies of milk from
grocery stores on the East Coast the by
Department's Food Division
ew severely damaged more than
the following prizes Si
Statewide. he said. In'
"shore oil and natural gas
One nair "O
BLOCK AND ASSOCIATES, INC.
740 N. PILGRIM PARKWAY
ELM GROVE, WI 53122
414-821-1992
(FAX)414-821-1996
FAX TRANSMITTAL
Date:
9/4/92
Time: 11:10
FAX #:
1-202-456-6218 # of pages (including this page): 3
Company:
The White House
Attention: Jeanne But Frome Prian Dake
Special Instructions:
Hope this helps! Any
Mole questions please call
Advance # 414-272-6458
414-272-6477
These numbers should lead you to
Craig Ray !
Notes
Confidential Fax Transmission
The information contained in this fax message is privileged and confidential information,
intended only for the use of the individual or entity named above. If the reader of this fax
message is not the intended recipient or the employee or agent responsible for delivering it to
the intended recipient, please immediately notify the sender by telephone of your inadvertent
receipt.
NR WASHINGTON DC 20002
THE BUSINESS JOURNAI
WEEK OF DECEMBER 16, 1991
PAGE 9
Mortgage bankers fight House bill requiring escrow interest
By GEOFF COOPER
stop interest payments. But the OTS ruled
Local independent mortgage bankers are
in July the customers would have to sue the
fearful a bill gaining ground on Capitol
"If I've got to pay interest on escrow accounts,
institutions to force them to resume interest
Mill could soak up their profits, turn them
payments.
into mortgage brokers of worse yet, force
then I've got to close my doors. It would
That issue, and lawsuits involving Fleet
them to close their doors for good.
Mortgage Corp., Milwaukee, and other mort-
The bill, which would require home
bankrupt me within a year. In Wisconsin, this
gage bankers. have prompted some lawmak-
mortgage servicers to pay a minimum of
5.25 percent interest annually on all escrow
bill would kill independent mortgage bankers
ers to support the Gonzalez bill, known as
the Escrow Account Reform Act of 1991. A
accounts, is being touted as consumer leg-
because we don't earn interest on escrow
national class action suit filed in federal
islation. But while its supporters say it
court in Chicago claims Fleet is overcharg-
could save the average homeowner about
payments."
ing homeowners for escrow payments.
$125 a year, its detractors say it could force
"Some lawmakers are saying. 'OK, if
some smaller mortgage banking firms out
- Gordon Johnston
you guys are going to collect all this in es-
of business.
crow, then we'll make you pay interest on
*If I've got to pay interest on escrow ac-
it," said Richard Oates, president at Com-
counts, then I've got to close my doors. It
Cor Mortgage Corp., Waukesha. "They're
would bankrupt me within a year." said
The bill strikes at a disparity that carlier
federal judge in Madison carlier this year
hoping this law will stop that practice" of
Gordon Johnston, president of The
this year prompted a federal Office of
to rule the thrifts didn't have the right to
overcharging for escrow.
Joinston Mortgage Corp., Milwaukee, a
Thrift Supervision ruling in a case involv-
small originator that serviced about $19
ing homeowners and two Wisconsin thrifts.
million in mortgage loans in 1990. "In
When First Financial Corp., Stevens Point,
Wisconsin, this bill would kill independent
and North Shore Savings Bank F.S.B.
Firstar affiliates with Minnesota mortgage broker
mortgage bankers because we don't earn
Brookfield, switched from state to federal
interest on escrow payments."
charters, the two mortgage lenders stopped
By GEOFF COOPER
cellor deal an acquisition, saying instead
The bill, introduced in the U.S. House of
paying interest on escrow accounts.
Firstar Corp.'s mortgage banking subsid-
the two sides reached a "business agree-
Representatives last month by Rep. Henry
Wisconsin law requires state-chartered
inry will enter the Minneapolis market with
ment" that limits what Firstar can do with
Gonzalez, a Texas Democrat, is co-spon-
thrifts and mortgage bankers to pay a mini-
the assumption of Chancellor Mortgage
Chancellor's assets.
sored by Rep. Gerald Kleczka, a Wisconsin
mum of 5.25 percent interest on escrow
Corp., a Brooklyn Center. Minn., mortgage
Mortgage loans originated in Minneapo-
Democrat. Mortgage bankers say the bill,
only if they. eam interest on money held in
brokerage that will originate close to $50
his ultimately will be sold to First Wiscon-
now in a House subcommittee, stands a
escrow. Federally chartered institutions are
million in home loans this year.
sin National Bank of Milwaukee, which
good chance of passing in an election year.
not required to pay interest. Because of the
Tom Ennis. president of Firstar Real Es-
has $4 billion in assets. Given the low-in-
What mortgage bankers find most dis-
disparity, state thrift executives are sup-
tate Services Inc., Milwaukee, said last
terest rate environment. the bank likely will
tressing is that the bill requires them to pay
portive of the bill, saying it would "level
week the mortgage banking subsidiary has
sell most of the mortgages on the second-
interest on all current eserow accounts, in-
the playing field" and force federally char-
entered a "business agreement" to acquire
ary market, said Ennis.
stead of phasing in the requirement on new
tered competitors to factor interest on es-
the assets of Chancellor. Eighteen people,
In 1990, Firstar Real Estate Services
accounts only.
crow into mortgage rates.
including eight loan officers, will become
originated about $100 million in loans and
"It's really a stupid bill because it is ret-
But the law would hit mortgage bankers
employees of Firstar as a result of the deal,
the Milwaukee bank bought loans origi-
reserve," said Stephen LaDue, president at
hardest because they can't invest escrow
which retains the management team of
nated by some other Milwaukee-area mon-
Affiliated Mortgage & Financial Corp.,
payments in-house, but must seek a third-
Chancellor.
gage brokerages.
Watewatosa, "It's a good political bill be-
party account custodian, industry observers
Ennis said Firstar Real Estate Services
The deal. which is subject to the ap-
cause it's supposed to help the consumer
said.
will hire more loan officers to staff its ex-
proval of federal regulators, should be
and (anger) a few savings and loan execu-
The finp involving customers of First Fi-
pansion into the Twin Cities.
completed sometime in January, Firstar of-
fives."
nancial and North Shore led the OTS and a
Ennis stopped short of calling the Chan-
ficials said.
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MANAGEMENT & EMPLOYEE ISSUES
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Extended Page
2.1
Independent contracting crackdown raises questions, but few answers
By Robert Mullins
be classifying more of the people who
ANICE WATSON WAS just
provide the services for them as inde-
minding her own business. a pct-
pendent contractors rather than cm-
sitting service run out of her
playees." said Mary Anderson, section
Thienaville home. when "the
chief of field audit in DIS,HR's uncin-
government" came in and made her
playment compensation division.
To deal with the issues that will
life interable.
"NEY business is in jeopardy." said
come up as more companies rely on 11)-
William, payment of Pet Vacations Ltd.,
dependent contracting. DILLIR inm ALL
which links people needing sitters for
up an Independent Contractors Study
dogs or cats with people willing to
Committee. Credied seven months ago.
do the sitting.
the panel consists of 14 people from
Stip's looking at a $7,000 bill from
state agencies and from the private sec-
the State Department of Revenue For
for.
overaue sales (axes for a business that
"11's largely a response on our part
has grossed borely $20.000 over the en-
to the fact that established ways of do-
tire seven years she's run it.
ing business are changing. Kelley
BE Watson is worried about another
said. "There are BUT awful for of service
bite/one from the state Department of
industry jubs now that didn't exist it
Industry, Labor and Human Relations.
few years ago.
According to DILHR. Fet Vacations'
Today. companies that need service-
sittes une employees. making Watson
industry specialists turn to temporary
responsible for withholding payroll
help time. but is the person the temp
toxch. paying into unemployment and
firm sends an employee or (III inde-
workers' compensation forwa.
pendent contractor?
19br her part, Watson considers the
11 depends.
sittes independent contractors. All she
ARE PET SITTERS independent contractors or employees? If they're employees. "my business 19 In jeoper-
"Using an independent contractor
does is call them on the phone and link
dy, said Janice Watson (shown with Sheement, & springer spanied). owner of Pct Vergations Lid., Thereville,
becomes extremely dangerous for the
them with clients.
company that USCS them." said Karl
DILHR officials respectfully dis-
Williams, executive vice president of Nonh-
agreed. and billed Watson for $1.133 in un-
cm Technical Services Inc, a Milwaukes-
employment fund contributions from 1989
based contract technical services firm. "This
and 1990.
18 a really bad idea."
What happened to Pet Vacations is hap-
Even though they're handling work for
perding to hundreds of other companies in
Wisconsin, as taxing and regulatory authori-
contracting firms. nH of Northern Technical
Services 250 experts-for-hine are employees
ties crack down on the use of independent
of Northern Technical Services. Williams
correctors. Firms from general contractors
said.
to modeling agencies have to serutinize their
contractor relationships to make sure they're
"We make it very clear whose employee
following the law.
the person is - ours." he said.
TI can't even believe it's even happen-
When a elient turns to Northern Techni-
ing" said Betty Antholine, president of Mil-
cal Services for help, the client pays a nego-
walkec Model Management. a modeling
tiated fee and Northern Technical Services
agency affiliated with John Robert Powers
USCS that money to pay the expert's salary.
Modeling Finishing School & Agency.
insurance, 401(k) contribution. workers' and
Although not challenged by DILHR or the
unemployment compensation. payroll taxes,
Internal Revenue Service. Antholine said she
and other overhead costs.
knows other modeling agencies have been
It's important to have there liabilities all
forced to unswer whether their models are
spelled out in advance. Williams said.
employees or independent contractors.
Employers concerned about those liabiti-
"I mean we're in J recession. we're just
"WE TRY TO draw our the (emplayer-contractor) relationship
not based on just one factor,'
lies are scrambling for alternatives. such us
starting to come out of it, and now we're
said Robert Grice. employment fax specialist with the Internal Revenue Service in Milwaukee.
employee leasing. in which n firm leases
getting zapped for it" Antholine said.
skilled workers to clients.
The IRS is definitely crecking down,"
dependent contractor from being designated
was to make the unemployment compensa-
But with such new alternatives come new
said David Winkler. a tax attorney for Mil.
an employee:
tion program as all-inclusive as possible."
takes law firm Michael, Best & Friedrich
questions.
Whether the hiring company trains a
For DILHR, determining a worker's status
They've devoted more people to enforce-
"Employee leasing Is such a new situation
contractor,
is based on how free the contractor is from
that a lot of new laws are being written 35
ment, because there's more pressure to raise
If the work is performed on the client's
the control of the hiring company, and on
money without raising tax (rates)."
the status of the contractor as an Independent
WD speak." said Kathleen Oberbrockling. of-
premises:
Regulators are paying more attention to
fice manager for Gemini Employee Leasing
If the contractor docs one job after an-
business person.
independent contractors because they are
Inc., Hubertus.
other for * specific client:
Some might he surprised at what some
playing a greater role in the workplace. As
If the contractor is free to do work for
employers think constitutes compliance with
However, owners of other (echnical serv-
companies try to reduce overticad to be more
ico firms think Williams and others worry
competitive, they frequently try to get the
other companies;
the law, Kelley said.
too much about what lawyers tell them.
And whether the contractor is paid by
"I have seen the situation where an cm-
job done without adding to their overhead.
Hiring independent contractors allows =
the job or by the hour.
player will assume that a written contract
"Most lawyers are SD conservative and
Even then, the etandards are not a score-
saying the individual is not an employee is
are sometimes overprotective," said Chip
company to benefit from additional expertise
boand. Grice said.
protection (from the requirements of the
Holmes, president of Contract Services Inc..
without additional overhead. But that can
"It's not like if there are 11 in favor of
law), but that's not the case." be said.
Menomonec Fails.
evolve into an employer-employee relation-
"That's a big surprise to employers who
According to the IRS. Holmes said, legiti-
ship, said Marshall Berkoff, legal practice
you and nine against you, then it's all right,"
chink that they're protected in that situ-
mate independent contractors must be
area coordinator for Michael. Best.
he said. "We try to draw out the relationship
ation."
"skilled professional workers." proficient In
"If I'm a general contractor and I'm
not based on just one factor."
building a house and I use B cabinetry firm
In disputed cases. an administrative law
a particular technical area. They also must
And it's who's in charge of that relation-
charge of least 612 times the minimum wage
to build all the sheives and cabinets
ship that has employers and regulators
Judge could be assigned to hear arguments
from both sides and then would rule on
for their services.
and they do k for a contract price, and if 1
guessing.
"Employers are not trying to get away
whether the independent contractor arrange-
To verify their independent status. con-
visa the same firm Again and again, you get
closer end closer to an employee relation-
ment Is proper. The case can be appealed to
tractors are asked to produce a brochure, sta-
with anything." Berkoff sold. "But they just
exercise more and more control over the
the state Circuit Court system.
tionery. or even a business card proving
ship." he said.
worker."
But because the standards are subject to
they're formally in business for themselves.
Many client-independent contractor rela-
tionships evolve into employer-employee TE-
interpretation, many cases are like finger-
Most importantly. they're asked to show
That control also is goning more scrutiny
Ationships because the terms of employment
prints. No two are alike.
they carry liability insurance.
from DILHR, which administers the state's
are subject to Interpretation. he sald.
jobless benefits program.
"It's very difficult for anyone to draw any
That. Holmes said, makes it easier to com-
The IRS uses 20 common-law standards
"The (independent contractor) issue is as
conclusions from these cases. because they
ply with IRS regulations while still using in-
for evaluating independent contractor rela-
old as the law that created the unemploy-
are what lawyers and others call very fact-in-
dependent contractors.
donships, according to Robert Grice, EM-
ment compensation program in 1934," said
tensive cases," Kelley said.
"(By using independent contractors). I
ployment tax specialist with the agency's
Glenn Kelley. director of the bureou of legal
And the state expects to see more cases.
can provide consultant expertise to my clis
Milwaukee office.
affairs in DILHR's unemployment compen-
"What we' finding is that there are 7 tot
crits that I otherwise wouldn't be able 10
Among the standards that separate an in-
sation division. The social policy choice
more service companies, and they seem to
and that makes me look good," he said.
WEEK OF MARCH 30. 1992
THE BUSINESS JOURNAL
PAGE4
P.02
ARGA
LAKE COUNTY ONIO
12024566218
Meek Angels outslug Indians
Page 19
TheNews-Herald
TO
IT'S ALL YOU REALLY NEED
STAFF OFC
36 pages
Vol. 114, No. 136 35 cents
15:14 FROM PAINESVILLE 992
Voinovich worries about Bush
Associated Press
An ABC News-Washington
about even in polls that fol-
COLUMBUS - Gov.
Post poll showed Clinton was
lowed the Republican Na-
George V. Voinovich says
favored by 55 percent of the
tional Convention in Houston
Bush might visit Lake County
President Bush must stress
respondents while Bush was
last month.
By Phil Trexier
Boulevard were greeted with
jobs if he wants to carry Ohio
chosen by 36 percent.
News-Herald Staff Writer
the surprise announcement
in his bid for a second term.
"Yes, I'm concerned. We are
The survey released Monday
going to have to work hard,"
Break out the bratwurst and
from party Chairman Elden
Voinovich commented yes-
was taken by telephone Aug.
hide the broccoli, President
Spencer, who maintained opti-
Voinovich said.
terday when asked about a
26-30 among 768 registered
Bush is coming to Lake Coun-
mistic caution in guaranteeing
voters. The margin of error
Asked what advice be would
ty's Oktoberfest this weekend.
the county's first presidential
new national poll showing the
president trailing Democrat
was plus or minus 4.5 percent-
give the Bush campaign, he
Well, make that maybe
visit in more than 100 years.
2661-20-d35
Bill Clinton by 19 percentage
age points.
said: "Jobs, jobs, jobs, jobs."
County Republicans who met
"As of (yesterday), it looks
The president has been fo-
yesterday to open officially their
points among those surveyed.
like we ve got a 94 percent as
Bush and Clinton had been
See POLLS, Page 10
headquarters on Lake Shore
See BUSH: Pag to
12024566218
learn from
and usually
POLLS
From Page 1
concerns and must work to-
Asked how he thinks Bush
his economic advisers, who
cusing more on the economy
gether.
has handled the economy over
were telling him that things
and jobs in recent campaign
He said he also would advise
the past four years, Voinovich
-weren't so bad."
speeches, in contrast to the
Bush 10 stress the "taxing and
responded: "As well as anyone
theme of "family values" that
spending" backgrounds and re-
could have with the responsi-
But he said Congress must
was prevalent at the Houston
cords of Clinton and running
bility he has as leader of the
share the blame.
TO
convention.
mate Al Gore.
world. He could have given
The governor said Gore's
more attention to the domestic
"1 think the Democratic
Voinovich said he does not
past actions and statements
scene, but there are only 24
Congress played politics with
believe family values are dead
concerning the environment
hours in a day."
him. They didn't give him a
as a campaign issue because
are radical, and that a Clinton-
break," Voinovich said. He
his definition of families in-
Gore administration would re-
Voinovich did say that the
was referring to Congress' re-
cludes neighborhoods, com-
sult in more federal regula-
president may have made a
munities and other larger
fusal to pass a capital gains tax
tions that would cost Ohio
mistake "in one area. I think
cut and some of Bush's other
groups that share common
thousands of jobs.
he got some bad advice from
economic proposals.
PAINESVILLE
BUSH
From Page I
fest."
uled to attend the air show
confirmation," Rosenthal said.
surance that President Bush
The announcement brought
Saturday morning. A slot in
"There's a lot of things we
will be in Lake County this
cheers from about 30 people
the president's agenda has
need to line up. So we'll have
Saturday," Spencer said.
been opened for him to travel
gathered for the opening of the
to know for sure (today) at the
FROM
We'll know more maybe to-
Lake County Republican head-
to the Lake County Fair-
latest."
night or tomorrow. But we
quarters. The offices are in the
grounds in Painesville Town-
know for a fact that he's com-
Shoregate Plaza in Willowick.
ship and to make a major pol-
Spencer said President
15:15
ing to the (Cleveland) Air
Gary Rosenthal, Lake Coun-
icy address at noon to the
James A. Garfield, who was
Show and we expect him to
1y's Bush-Quayle campaign
Oktoberfest crowd.
assassinated in 1881, was the
speak Saturday at the Oktober-
manager, said Bush is sched-
last president to visit Lake
"I'm still hoping to get final
County.
SEP-03-1992
P.04
12024566218
AREA.
THE PLAIN DEALER
GREATER CLEVELAND, OHIO
EWS/3-C
ES/4-C
TO
LS/6-C
STATE
C
WEDNESDAY, SEPTEMBER 2, 1992
& REGION
PAINESVILLE STAFF OFC
Whom do you blame for economy?
By MARY BETH LANE
PLAIN DEALER BUREAU
Voinovich faults Bush's advisers
In assessing the Bush administra-
tion, Voinovich took a rare public
COLUMBUS
swipe at a Bush Cabinet member,
Republican Gov. George V. Voino-
"You've got to have people in the
mission to Southeast Asia from Fri-
Voinovich blamed a stagnant Dem-
U.S. Environmental Protection
vich reluctantly acknowledged yes-
White House who understand the in-
day through Sept. 24.
ocratic Congress and Bush's own
Agency Director William K. Reilly,
terday that the economy had been
dustrial Midwest," Voinovich said.
While lavishly praising Bush for
economic advisers for the adminis-
calling him "a wild-eyed reactionary"
FROM
poor under George Bush's presi-
"From a regional perspective, we're
helping end the Cold War and en-
tration's economic failures.
who has gone overboard on the envi-
dency, but he blamed the problems.
better off with what we've got in the
on Bush's economic advisers.
couraging the emergence of fledg-
ronment at the expense of industrial
White House."
"He got some bad advice from his
ling democracies in Eastern Europe,
growth.
Even so, Voinovich warned that
the economy for Ohio and the rest of
Voinovich had to grope for words
eçonomic advisers (who told him):
Voinovich cited Ohio's battle with
15:15
Voinovich pointed to Vice Presi-
the industrial Midwest would be
dent Dan Quayle, the Hoosier who
when asked to assess Bush's eco-
Things are going to get better;
leads the President's Council on
nomic record at home:
things are going to get better. Don't
the EPA over constructing a blast
worse if Southerners Bill Clinton and
panic,' Voinovich said.
furnace at the USS/Kobe steel plant
Al Gore were elected and pursued an
Competitiveness, as one who under-
"I think he has handled the econ-
in Lorain as an instance where Reil-
economic strategy that catered to the
stands the industrial Midwest and
omy, uh, as well as anyone could
Voinovich said his advice to Bush
ly's pro-environment policies threat-
South: Voinovich said the Arkansas
the need to break the stranglehold
handle the economy with the respon-
would be "jobs, jobs, jobs, jobs."
ened the state's economy.
SEP-03-1992
overnor and the Tennessee senator
that government regulations have on
sibilities he has as president of the
He admitted he was worried that,
As wild on the environment as
vould relive the years of Jimmy Car-
industry.
United States and leader of the
as the polls stand now, Bush could
er's administration, when business
Reilly is, the environmental regula-
world," he said. "He could have
well lose Ohio in November. "Yeah,
:nd industry headed to the South at
Voinovich discussed the presi-
tions that would be promoted under
given more attention to the domestic,
I'm concerned," he said. "We'll have
he expense of the North and Mid-
dential campaign at a news confer-
Clinton and Gore could only be more
scene, but there's only 24 hours in a
to work very hard to make sure we
burdensome to states, Voinovich
ence he called to preview his trade
day."
carry Ohio for the president."
warned.
Bush to try flapjacks
at Lake's Oktoberfest
By KEVIN HARTER
will be much more difficult for Bush,
and STEVE LUTTNER
who is trailing Democratic nominee
PLAIN DEALER REPORTERS
Bill Clinton in the polls.
PAINESVILLE TOWNSHIP
Campaign sources said yesterday
12024566218
President Bush made historic
Republican Gov. George V. Voino-
breakfast reservations with Lake
vich, who enjoys a close relationship
DOESIT
LAKE
County yesterday. Saturday, he will
with Bush, recommended the presi-
SCHOLA
sit down with supporters for a plate
dent visit the Oktoberfest in part be-
the pressure
GEAUGA
State champ
of pancakes at the Oktoberfest.
cause of the opportunity to mix with
The visit will be the first to Lake
representatives of ethnic groups.
1.EL
EDITION
Sports 1-D
County by a sitting president.
Many- ethnic voters have strong
Campaigners who eventually
ties to Eastern Europe and backed
would win, such as John F. Kennedy,
Ronald Reagan because of his tough
have stopped in Lake County. Abra-
THE PLAIN DEALER
anti-Communist rhetoric in the
ham Lincoln passed through once as
1980s. Even without the Soviet
president-elect.
threat, Bush wants badly to continue
and
CHOSLARGEST NEWSPAPER CLEVELAND, THURSDAY, SEPTEMBERS 1992
DAYS sudery
TO
James A. Garfield, who lived in the
to appeal to ethnic voters, many of
county and conducted his famous
whom reside in the pivotal industrial
front-porch campaign from his Men-
Midwest.
for farmhouse, never returned in tri-
umph. The 20th president came
Bush has made Ohio a frequent
home in a coffin, the victim of an as-
campaign stop this year. With Clin-
sassin four months into his term.
ton expected to do well in other big
Sept. 3,1992
As glad as Lake County Republi-
states such as California and New
cans will be to see Bush, the presi-
York, Ohio is deemed vital for Bush.
dent may be just as glad to see Lake
No Republican has ever been elected
County:
president without carrying Ohio.
SEP-03-1992 15:16 PAINESVILLE OFC
Voters here supported Bush by a
SEE BUSH/15-A
57%-43% ratio in his 1988 victory
Celebrities presents the WNCX, Southwest
over Democrat Michael Dukakis. But
Airline Crazy Sulicase Party every Thurs.
day. Win birline tickets. Tonights live
national polls indicate this election
bond, "Cruisin" 9:00 PM-1:00 AM. Adv'l.
Bush
gan to wonder aloud whether Bush
a large tent with 2,000 to 3,000 people
and unlike anything I've ever been
might be interested in attending the
for breakfast and maybe a speech, or
through," Rosenthal said.
30th annual Oktoberfest.
at least over-coffee conversation.
The breakfast, to begin before Ok-
By yesterday afternoon, the air
Oktoberfest is famous for beer,
toberfest gate opens at 11:30 a.m.,
FROM/1-A
show was out of the picture and the
bratwurst and Bavarian brass bands.
will be open to the public, Rosenthal
Bush's visit also will include a
Oktoberfest was definitely in.
The four-day festival, which opens at
said.
brief fund-raiser for the Ohio Repub-
Lawyer Gary Rosenthal, as a cam-
the Lake County Fairgrounds Friday
But details of how and where tick-
paign worker in 1988, had tried to get
night, draws large, diverse crowds.
ets will be sold were still being
lican Party, campaign sources said
Bush to drop by the festival then.
"There are lot of blue-collar
worked on late last night, he said.
yesterday.
"He had wanted to come, but it just
workers and ethnic groups, Spencer
Also unclear was how and where the
It took a week of talks for the on-
didn't happen," said Rosenthal.
said. "And it draws more than 25,000
president would fly in.
again, off-again visit to be cemented
Rosenthal, heading Bush's cam-
people a day. It's an ideal place for
But Rosenthal believes. Lake
yesterday, said Elden A. Spencer,
paign in Lake County, said that after
the president to.visit."
County's most famous guest is truly
Lake County Republican chairman.
a glimmer of interest from the na-
The president also is expected to
on his way.
Lake County Republicans had
tional campaign, he, Spencer and
meet with Republicans privately in
"We've had a labor secretary, sen-
heard Bush might come to Cleveland
Dale Fellows began working to make
one of the fairgrounds buildings be
ators and vice presidents, but no
for the Cleveland National Air Show
it happen.
fore departing by 11:30 a.m., Spencer
seated president,' he said. "It took a
at Burke Lakefront Airport. So
Spencer said Bush is expected to
said.
lot of work to get him here and I'm
Spencer said county Republicans be-
arrive about 8:30 a.m. and sit down in
"It's been an incredible process,
just glad he's coming.
Tribe loses to Angels in 5th inning
Page 25
12024566218
TheNews-Herald
IT'S ALL YOU REALLY NEED
Vol. 114, No.
Sept. 3, 1992
96 pages
TO
Bush plans campaign visit to Lake Count
By Jim Johnson
area.
News Herald Slaff Writer
However, he referred questions to the
Spencer told local Republicans on
George Bush will become the first
president's advance staff that has set up
Tuesday about the possibility of Bush's
week 100k place at the opening of
visit and indicated at that time the
party's new local headquarters on L
president in decades to set foot on Lake
weekend. shop locally to prepare for the stop this
County soil when he makes a visit on
president could make a visit to Okto
Shore Boulevard.
PAINESVILLE STAFF OFC
berfest celebrations on Saturday in
The news brought a round of chc
Saturday as he continues his election
bid.
When contacted last night members
Painesville Township
from the 30 or so party members P
Elden Spencer, chairman of the coun-
of that group would not release, for
were in attendence.
publication any information about the
Oktoberfest activities are scheduled
ty's Republican Party, confirmed last
president's visit. Details of the visit are
grounds. to take place the Lake County Fair-
The local party chairman said earl
night that Bush will be coming to the
this week the last president to V1
expected to be released today
Spencer's announcement earlier this
Lake the 1800s. County was James A. Garfield
ant waste storage probed
Mentor officer
product which is both haz-
SEP-03-1992 15:17 FROM
ardous and radioactive -
cility has met stiff opposi-
tion from local environmen-
lon drums were properly la-
for longer than the 90-day
beled, sealed, and managed.
innocent of theft
talists.
period allowed by the EPA.
am urging them to look
A team of investigators
The question of time, how-
from the EPA visited the
ever, is why the investiga-
into the matter because, if
plant Tuesday to determine
tion is being pursued.
Perry officials are in viola-
Some of the drums which
at bingo game
tion of EPA policy, that
if any violations have OC-
curred.
were stored in a segregated
raises a question in my mind;
area, had been around for
By Jennifer Aylsworth
iszewski's job.
whether they will follow
"We found six drums of
mixed waste stored at the
more than 90 days.
News Herald Staff Writer
"I really don't know what
other rules, he said.
site," Karen Nesbit, EPAen-
However, Nesbit said, in-
Mentor Patrolman Richard
going to happen," Lynch sai-
Ginnis cited as an example
vironmental specialist for
terpreting the policy is a
L. Kaliszewski says he will
It may be that I'm not priv
the laws that would apply. to
complicated matter
storing low-level radioactive
the division of hazardous
never again work as a bingo
but I'd expect a conferend
waste in the $1.7 million
waste management, said.
"There are some gray areas
banker. But he may have to
with the city law department
'But it! appears that the
when interpreting federal
work to get his job back.
and personnel department
temporary storage and pro-
plant was Generating under
policies at. a state level,
A Lake County Common
Kaliszewski said the issint
SEP-02-1992 14:14
FROM MB& F - MILWAUKEE
TO 8211996
M.DWeek
MINORITY ENTERPRISE DEVELOPMENT WEEK
AUG 27 1992
Mr. Richard A. Platt
President
Platt Construction Company
3321 West Rawson Avenue
Franklin, Wisconsin 53132
Dear Mr. Platt:
President Bush has designated September 27 through October 3, 1992, as Minority
Enterprise Development (MED) Week to acknowledge the many outstanding
achievements of minority firms throughout our Nation.
On behalf of Patricia Saiki, Administrator, U.S. Small Business Administration (SBA)
and the Office of Minority Small Business and Capital Ownership Development, it is
my pleasure to inform you that you have been selected as SBA's National 8(a)
Graduate of the Year. Congratulations!
While many activities will be held nationwide commemorating MED Week, the
culminating event will be the presentation of the National 8(a) Award by the President
of the United States at the White House at 11:00 a.m. on Wednesday, September 30,
1992 in the Rose Garden.
However, the conference will be held from September 27-30, 1992, at the Sheraton
Washington Hotel, 2660 Woodley Road N.W., Washington, D.C. We cordially invite
you to attend the MED Week activities and receive your award.
Rooms Have been reserved at the Sheraton Washington Hotel on a first-come, first-
served basis. You may reserve a room at the Sheraton Washington by calling (202)
328-2000 or (800) 325-3535. Be sure to mention that you are registering for MED
Week 92 to receive the special rate of $142 plus tax for single or double occupancy.
RECEIVED AUG 31 1992
SEP-02-1992 14:15
FROM M B 8 F - MILWAUKEE
TO 8211996
P.003
Page 2
Extended Page 2.1
& age to
during this year's MED Week. If you have not registered, please complete the
Enclosed is a MED Week brochure outlining all the events that will be taking place
U.S. Small Business Administration, Division of Minority Small Business Outreach,
enclosed registration brochure and return it as soon as possible to Ferguise Mayronne,
MED WEEK, 409-3rd Street, S.W., Room 8000, Washington, D.C. 20416. You also
Week Program Booklet.
need to submit to Mr. Mayronne a 5x7 black and white photograph for the 1992 MED
205-7365. Please confirm your travel plans to Washington, D.C. with Mr. Mayronne at (202)
Again, congratulations, and we look forward to seeing you in Washington, D.C.
Sincerely
Julith Judith Watts a. Watts
Associate Administrator
Minority Small Business and
Capital Ownership Development
Enclosure
** TOTAL PAGE 000 **
TOTAL P.003
BLOCK AND ASSOCIATES, INC.
740 N. PILGRIM PAREWAY
ELM GROVE, WI 53122
414-821-1992
(FAx)414-821-1996
2:30
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FAST Mirrain STREET, SUITE 305, MADISON. Wr 53702
The
American
College of
Obstetricians and
Gynecologists
DEPARTMENT OF GOVERNMENT RELATIONS
DEPARTMENT FAX NUMBER: (202) 488-3985
DATE:
9.2.92
TO:
ROMONA ELY
FROM:
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RE:
LIABILITY FACT SHEET
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MEDICAL LIABILITY -- ITS IMPACT ON WOMEN'S HEALTH CARE
The frequency of suits filed against physicians, the high cost of liability insurance, the lengthy process for
resolving medical malpractice claims, coupled with physicians' fear of being sued, have had a direct and negative
impact on access to health care, particularly maternity care.
As of 1990, 12.2% of obstetrician-gynecologists nationally had given up obstetrics due to liability
pressures and 24.2% had decreased the level of high-risk obstetric care that they provided.
In some states, the problem is worse than the national figures show. In Idaho, 34% of obstetrician-
gynecologists had stopped practicing obstetrics by 1986. By 1985, Arizona's rural counties experienced
a decrease in obstetric providers of 21%. A 1987 Oregon survey shows that the number of physicians
delivering babies had declined by 25% since 1984. A 1987 Iowa survey shows that of all physicians who
had provided obstetric services since 1981, 31% had discontinued obstetrics; half of them had practiced
in rural areas. According to a 1990 report on western frontier areas, 39.7% of physician providers, of
obstetric services indicated they had plans to stop delivering babies within the next year. In addition,
50% of North Dakota physicians and 39.1% of Wyoming physicians planned to quit obstetrics within
the next year.
Large numbers of family physicians are being forced to discontinue obstetrics as a result of the high cost
of obstetric liability insurance. Seven out of ten of New York's family physicians, almost 40% of Texas
family physicians and approximately one-half of Nevada's rural family physicians have also stopped
practicing obstetrics. Three hundred of 441 family physicians responding to an Alabama survey have
stopped delivering babies. More than half of Utah's general and family physicians who were delivering
babies in 1980 have stopped practicing obstetrics. Likewise, in Kansas, almost half of the family
physicians surveyed reported having given up obstetrics by 1987.
When physicians give up obstetrics, the major impact is felt by the patients. This is particularly true
when there are no other physicians available. By 1988, 18 out of 56 Montana counties were without an
obstetric provider and 19 additional counties were soon to be without obstetric services. In all, 66% of
counties in Montana were expected to be without maternity care. Seventy-five Georgia counties, 28
Alabama counties, and 19 Colorado counties are without an obstetric provider. In 1986, 1,174 Colorado
women had to travel from these counties an average of 32 miles to get obstetric care. This is
particularly troublesome in view of a study by the WAMI Rural Health Research Center which
concluded that women living in rural areas where a majority of their obstetric care is obtained outside
their local community are more likely to experience adverse perinatal outcomes. Indigent patients are
perhaps the most severely affected. 41% of obstetrician-gynecologist in West Virginia have responded
to liability problems by declining to provide Medicaid services. 25% of Iowa physicians responding to
a survey said they are less willing to take care of Medicaid patients because of the liability crisis.
The liability situation is increasing the cost of health care. In 1987, 77% of Louisiana's physicians
reported that they had raised their obstetric fees because of the liability crisis. 56% of Georgia
obstetrician-gynecologist and family practitioners surveyed in 1989 said that health care costs to patients
had increased more than 20% as a result of the malpractice climate. In a 1989 Utah survey, 63% of the
residents questioned said that medical malpractice increases the cost of health care "a great deal."
The liability problem is not one of competence. 77.6% of obstetrician-gynecologists have been sued at
least once; in New York, it is 83.4%. On average, obstetrician-gynecologists have had three suits filed
against them; in New York, it is almost four.
Premiums for obstetrician-gynecologist continue to escalate. Obstetrician-gynecologists pay annual
liability insurance premiums of between $74,700 . $149,500 in Florida, $36,200 - $101,200 in New York,
$77,000 - $133,900 in Michigan, and $25,000 - $75,600, in West Virginia. At these premium rates, the
approximate per delivery costs are $464 - $929 in Florida, $225 - $629 in New York, $478 - $832 in
Michigan, and $155 - $470 in West Virginia.
The high cost of liability insurance might be justified if the money was going to a system that fairly
compensated injured individuals. Currently, only 28% of the premium dollar actually reaches the patient
in the form of compensation. To make matters worse, 35.1% of the claims reported in ACOG's survey
took 5 or more years from the date of the alleged injury to resolve. That's unfair to patients and
physicians.
FEDERAL ROLE
The federal government has an essential role to play in addressing the problems faced by women seeking access
to health care.
Despite the number of states acting on the liability issue, success in addressing the problem has been
limited to a handful of states. Even in Indiana, 12% of obstetrician-gynecologist have stopped
practicing obstetrics as a result of the risk of malpractice.
West Virginia provides an example of what happens when a small state attempts to deal with the
problem. The insurers threatened to discontinue doing business in the state after the passage of
insurance regulation reform. The state legislature was forced to repeal much of the legislation.
The federal government has played a large role in making health care available in underserved areas
of the country through such activities as the National Health Service Corps. The liability crisis threatens
to eliminate the gains made in recent years. The federal government should not stand idly by as this
happens.
As the largest single purchaser of medical care, the federal government cannot afford to ignore the crisis
and its effects on access to and the costs of medical care.
June 1992
ATST
1119]
SHIPP res
S
w/
raterly
CUSTS
and
Sulfling movation. The Bush administration shares the view of the
1
business lobbyists, led by the Product Liability Coordinating Committee,
and is unveiling its own tort reform program this month. The reformists
are not likely to win this year, but they may in the future.
3 RGA
Galen, Michele
The class action against product liability laws (business lobby)
Business Week p74+ July 29 '91
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
Lobbyists and lobbying
ABSTRACT: Business groups are gathering momentum in their struggle to
overhaul U.S. liability laws. For more than ten years, business has
lobbied Congress to put an end to the deluge of multimillion-dollar
verdicts and punitive awards, but it has always been quashed by consumer
groups and the pro-plaintiff Association of Trial Lawyers. Now, however,
yes
the fight over liability reform has been shifting toward business's cause.
Evidence suggests that the system doesn't work in the way consumers claim
and there is pressure from judges and the White House to halt the clog in
the courts. The latest test is set for July 24. A business-backed reform
bill will be introduced in the House, and a similar bill will be
introduced in the Senate. Both include provisions for punitive-damage
curbs and limits on pain-and-suffering awards. Although a federal
liability law is not likely to occur in the near future, the business
lobby is confident and is stepping up its assault.
4 RGA
Kasten, Robert W.
Absurd product liability laws hurt business and consumers
USA Today (Periodical) V120 p49-50 July '91
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
ABSTRACT: Product liability laws are forcing U.S. manufacturers to raise
the prices of their products, even when they are safe. In addition, many
Yes
manufacturers avoid introducing improved products because lawyers can use
the existence of a new, safer product to prove that an old one was unsafe
This situation, which greatly harms U.S. economic competitiveness, mainly
benefits litigation attorneys. A bill to reform this system may be passed
by the end of 1991. The bill would provide greater uniformity in certain
areas of product liability law. It would establish streamlined national
? procedures to expedite the settlement of cases, encourage states to use
alternative dispute resolution procedures, and establish a national
standard for the imposition of punitive damages.
7 RGA
Methvin, Eugene H.
Texas on trial
National Review V42 p32-5 December 31 '90
SUBJECTS COVERED:
Liability (Law)
Courts/Texas
Judicial ethics
ABSTRACT: Since 1988, the Texas Supreme Court has teetered between
activist and conservative judges. The activists hope to reshape the law
in favor of limitless medical malpractice awards, whereas the
conservatives defer to precedent and legislative prerogative, which limits
malpractice awards. In 1980, six wealthy plaintiff lawyers plotted a
political campaign to take over the Texas Supreme Court, and they
succeeded; by 1984, plaintiff-lawyer partisans controlled the court.
Texas lawyers began investigating and prosecuting virtually all accidents
that resulted in injury or death. A Texas Civil Justice League poll
conservatively estimated that the liability-law system caused a reduction
of $8.15 billion in investment, costing Texans 79,000 jobs. In the 1988
election, with six seats open, Texans were given a chance to straighten
out the court. Voters elected five of the six reform candidates on the
ballot. This November, three more conservative judges won.
9 RGA
Wrongheaded 'reform' (Product Liability Reform Act)
Consumer Reports V55 p627 September '90
SUBJECTS COVERED:
Liability (Law)
ABSTRACT: The Product Liability Reform Act of 1990 is full of provisions
unfavorable to consumers. The bill, which supporters say would end the
current product-liability system's "stifling" of innovative products,
would let a manufacturer avoid paying punitive damages, limit damages for
pain and suffering in some cases, and eliminate a manufacturer's liability
for damages caused by defective capital goods 25 years after they were
purchased.
10 RGA
Nielsen, Susan
When you can be sued for injuries
Good Housekeeping v211 p291 September '90
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
Insurance, Homeowners'
ABSTRACT: Three situations in which homeowners can be sued are examined.
/ 12 RGA
Merline, John W..
Liability reform
Consumers' Research Magazine V73 p38 June '90
SUBJECTS COVERED:
Liability (Law)
ABSTRACT: According to the American Tort Reform Association, eight states
are considering reforms of their liability laws as a result of increasing
evidence that the current legal system is not adequately improving
consumer safety. Recent trends seem to indicate an increase in the number
of times damages are awarded and in the amount of those damages. Many
consumer groups believe that current liability laws offer vital protection
to the public. Critics of the laws argue that the costs of present
liability laws outweigh the benefits.
14 RGA
Szabo, Joan C.
The maze of product liability
Nation's Business V78 p62+ June '90
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
ABSTRACT: A variety of state product-liability laws have led to costly
and sometimes frivolous lawsuits against companies and have caused many
firms to stop producing certain products. The legal costs associated with
product-liability laws have hurt innovation and competitiveness, caused
some firms to cut back on research and capital expenditures, and led to
higher consumer prices. These laws are especially troubling to small
companies, which often lack the resources to pay for long court battles.
The Product Liability Alliance is seeking to address this issue by pushing
Yo
for the passage of the reform legislation introduced to Congress by
Republican senator Robert Kasten of Wisconsin. Kasten says that his bill.
which has won the bipartisan support of over 25 cosponsors, would replace
confusing state laws with a uniform national system. Key provisions of
Kasten's bill are briefly discussed.
18 RGA
Smart, Tim
The liability battle: business becomes a road warrior (companies fighting
at state levels)
Business Week p25 April 9 '90
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
State legislatures
ABSTRACT: U.S. corporations are turning to the states in their efforts to
reform product liability laws. At issue are the multimillion-dollar jury
verdicts and punitive awards that business leaders say cripple companies,
halt new-product marketing, and threaten American competitiveness. State
legislatures appear receptive to industry's pleas. Since 1985, more than
24 states have scrapped or limited liability laws that allow victorious
plaintiffs to collect from more than one defendant. Many states have also
limited damage awards. The latest test of industry's momentum is taking
place in Pennsylvania, where a coalition of giant manufacturers is pushing
for a sweeping revision of liability laws. Manufacturers currently have
the upper hand but are facing a powerful alliance that includes trial
lawyers, environmentalists, consumer advocates, and union representatives.
11 RGA
England, Robert
Congress, Nader, and the ambulance chasers (trial Mawyers; cover story)
The American Spectator V23 p18-23 September '90
SUBJECTS COVERED:
Law and politics
Lawyers/Salaries, fees, etc.
Liability (Law)
Torts
Nader, Ralph
ABSTRACT: America's trial lawyers are earning billions of dollars a year
on personal injury awards while using their disproportionate influence in
Congress to strangle attempts at product-liability and no-fault tort
reform. The trial bar has successfully posed as a defender of consumer
rights, a charade that has been aided by leading trial lawyers' close
alliance with Ralph Nader. The trial lawyers' heyday could soon be over,
however. Divisions are emerging within the bar, and consumer groups that
are too closely allied with trial lawyers are losing credibility. In
addition, a revolt against Democratic opposition to reform is building in
both houses of Congress. The time could be right for tort reformers to
strike a blow by pushing for regulation of trial lawyers' contingency fees
and for the adoption of the no-fault choice system, which allows consumers
to choose between no-fault and the tort system.
5 RGA
Gest, Ted
Why the injured lose suits
U.S. News & World Report v110 p52+ April 8 '91
Contains: illustration(s)
SUBJECTS COVERED:
Liability (Law)
Actions and defenses
ABSTRACT: Manufacturers are spawning a quiet legal revolution as they
become more aggressive in fighting excesses in liability law. In the past
firms were usually eager to settle liability damage cases out of court,
but now, more companies are choosing to fight in court and are winning.
According to a recent study of federal cases by Cornell law professors
James Henderson and Theodore Eisenberg, this new trend has helped cut the
number of federal liability cases over products other than asbestos by
almost 40 percent in the past five years. Big corporations have formed a
Product Liability Advisory Council that weighs in on 24 key cases each
year and that wins two out of three times. A conservative turn in the
judiciary and successful lobbying of legislatures have also made winning
easier for business. New reforms cannot stop the occasional staggering
verdict, but manufacturers are likely to have a less trying decade 111 the
courtrooms of the 1990s.
JEANNIE:
the "Nation's other 2: Business" don't go back for enough.
USAToday Periodical- not found
LP
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
September 4, 1992
REMARKS BY THE PRESIDENT
IN ADDRESS TO THE FREDERICKSBURG COMMUNITY
Goolrick's Pharmacy
Fredericksburg, Virginia
11:00 A.M. EDT
THE PRESIDENT: Thank you, Dori, very much. Thank you,
Dori. And thank all of you for this great welcome to this marvelous
town. (Applause.) And may I salute two members of Congress with me
-- Congressman George Allen, a good man -- and to Herb Bateman,
another great Congressman. (Applause.) Two state delegates that you
all know well -- Bill Howell and Bobby Orrock -- they're with us
today -- (applause) -- and I want to thank your Mayor of 16 years,
Lawrence Davies who greeted us at the airport. (Applause.)
You've got a lot to be proud of here. And I know that
there are six Olympians from this area. (Applause.) And I salute
all of them.
I told Barbara I was coming down to a hardware store
this morning. (Laughter.) She told me I'd better come back with the
tools to fix Millie's doghouse -- or else I'd be in one myself.
But here we are in Fredericksburg to talk about small
business. And I'm going to ask you to bear with me, because some of
these points are serious points about the future of this country, and
we want to drive home the fact that businesses, like the one I just
visited, Fredericksburg Hardware and Goolrick's here do more than
sell doorknobs and drywall, hairnets and lipsticks. Small business
generates the hope and the pride and the jobs that hold America
together. (Applause.)
America's economy is working its way through a period of
profound change. Many of the larger companies have retrenched and
restructured -- and I know those changes have been difficult for many
working Americans. But American small businesses -- they've shown
the staying power -- creating new products by the thousands, and new
jobs by the hundreds of thousands. And we are grateful to every
small businessman and woman in this country. (Applause.) It is
critical that we concentrate on the importance of small business to
our economy. Because today, the defining challenge of the '90s is to
reinvigorate our national economy, so that we can win -- we can win
the competition in this whole new global economy.
In this election, you're going to hear two very
different versions of how to do this. My opponent's answer is to
turn inward -- to pretend that we can protect what we have. And ours
is to look forward -- to open new markets, to prepare our people to
compete, to restore the social fabric of this country, and to save
and invest -- so that we can win. (Applause.)
And that's why we've placed small business at the heart
of our agenda for America's economic future. Small businesses employ
over half our workforce, create two-thirds of new American jobs. And
they're the hothouse for innovation, risk-taking, and new ideas --
the powerful locomotive that will take our economy right down the
tracks -- full steam ahead into the 21st Century. I am optimistic
about this country. (Applause.)
MORE
- 2 -
rates. And almost half of all new businesses literally begin at
home, when enterprisers convert their own nest eggs into capital.
And it is time to reward this initiative. It is time to make us
competitive with businesses around the world. It is time to cut that
tax on capital gains so these small businesses can thrive.
(Applause.) And that's my agenda for small businesses -- three
obstacles, three concrete steps to clear those obstacles out of the
way.
Now, let me just get into the politics here. Where does
Governor Clinton stand on small business? It's a strange
coincidence, but his plan has three parts, too: tax, tax, and tax.
AUDIENCE: Boooo!
And I see small business as the backbone of the American
economy, and he sees it as a golden egg-laying goose, that ought to
pay more in taxes.
AUDIENCE: Boooo!
THE PRESIDENT: And he starts with a big idea. Here it
is -- you heard the proposal right from him: Mr. Clinton says that
he wants $220 billion in new government spending.
AUDIENCE: Boo.
THE PRESIDENT: We don't need $220 billion in new
government spending. (Applause.)
You're right. And how will he pay for it? Nobody knows
for sure, but he's already advocating at least another $150 billion
in new taxes. And now he says he wants to soak the rich, raise taxes
on the top two percent. What he won't tell you is this: two out of
every three businesspeople hit by that tax increase are small
businesses or family farmers. And these folks aren't millionaires,
they are mom and pop operators. And we don't need to tax them any
more. (Applause.)
The Governor offers -- you know that program -- he
offers the small business a reverse version of "The Lifestyles of the
Rich and Famous." You may not live like a millionaire, but you can
be taxed like one if you listen to Clinton and Gore. (Applause.) It
is strange.
Health care. He's also backing a health care plan
called play or pay. I was just in here in the hardware store,
talking to the people there about the escalating costs of health
care. His plan will leave small businesses with two options. One,
cut workers' wages to pay for mandated health care; or, two, fire
some workers and use the savings to cover the rest.
And according to an independent Urban Institute study,
the plan will lead to a seven percent payroll tax for those
businesses who don't play the government's game. And another
estimate says the tax will cost this country 700,000 jobs. And we
cannot afford to lose these jobs.
So that's his plan. It's out there in black and white,
$150 billion in new taxes, a new government health care plan leading
to a new payroll tax of seven percent, not to mention a new training
tax. And then you throw in an irresponsible slashing of our defense
budget and it all adds up to 2.6 million, 2.6 million jobs lost. And
we cannot have that. (Applause.)
The differences between the Governor and me are based on
two very different philosophies. Look again at the health care issue
-- and this is of critical importance to small business. Over the
past two years 83 percent of small business owners have seen their
health care costs increase. And at the same time, too many Americans
are without coverage, or they're worried about losing the coverage
they have.
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- 3 -
When it comes to renewing the American economy, my
loyalty lies with small business. I've actually held a job in the
private sector -- something my opponent has not done. (Applause.)
Half my life in the private sector and half in public life. And I
started a small business, built it from the ground up, know what it
is to go out and work with partners and employees. And I know what
it's like to sweat out a tough deal, to shop for credit, to try your
darndest to meet the next payroll -- and even if I got ulcers to
prove it.
I believe that meeting a payroll is a good qualification
for President of the United States of America. (Applause.) Now, let
me tell you what must be done to help small businesses here and
across the country. We've got to give business the relief from
excessive government regulation. (Applause.) We need to increase
access to credit and investment, and while Governor Clinton wants to
raise taxes and has already proposed it, I want to cut the taxes on
small business -- and I need a change in Congress to get that done.
(Applause.)
I was out in Western Michigan the other day, talking to
a group of people and small business leaders. I met a guy who runs
an asphalt paving company. And he said, "Mr. President, when
regulation doesn't make sense, it's the worker who pays -- with his
job." And we are tackling this problem head-on. In January, I
ordered a freeze on federal regulations. The businessmen and women
have enough to worry about without Washington double-checking their
every move. (Applause.)
Regulation -- less of it. But without the burden of
overregulation, businesses can't grow without capital. And the
credit crunch has hit our small businesses hard. And that's why
we've been working with bankers and regulators to ease that crunch.
We have the SBA, the Small Business Administration, working
double-time to help these credit-starved businesses. And this year,
we have increased by more than 30 percent the general business loan
guarantees offered through the Small Business Administration more
than $6 billion going to men and women with good ideas, who want to
turn those ideas into jobs. That's the kind of help government
should be giving these businesses. (Applause.)
And I've also been trying to work with that gridlocked
Congress to provide even more credit relief. (Applause.) That's a
good idea. And this morning, you're going to see the result. We've
come here to Fredericksburg to sign a new piece of legislation --
typical of us -- the Washington has got -- named the Small Business
Credit and Business Opportunity Enhancement Act. But it's going to
loosen up credit even more for deserving small businesses.
And not only does it increase the levels of SBA loans,
it creates new ways of bringing investment to small business owners.
And it reaches out to women and minority entrepreneurs who want to
get started. And I've always believed that the most, the best
economic program is a job. And this bill gives more Americans the
tools to create a job. (Applause.)
Now, we're talking about regulation and credit. All
that is good. But it won't do it if we cannot help take the monkey,
that tax monkey, off the backs of small business. I am for lower
taxes. He is for higher taxes. (Applause.)
And already we've taken a number of steps to streamline
the ways small businesses pay their taxes. One example: Right now,
small businesses have to file payroll taxes twice a week. And that's
a waste. And I've proposed we change it to once a month, so
businessmen and women can get back to the business of running their
businesses. (Applause.)
Now, the Clinton-Gore tax-and-spend ticket doesn't
understand that cutting the taxing capital investment is bad. None
of our industrial competitors taxes capital gains at our punitive
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- 4 -
And so let's go right down the line. My health care
reform will give tax breaks and credits to make health care more
affordable, so that 30 million people who can't get health care
insurance will be safe and will have health care in the private
sector. (Applause.)
He prefers taxes he says let's raise taxes and compel
people to participate. And I say lets give tax incentives and
encourage people to do what's right. (Applause.)
And I want to use the force of competition the force
that's in action all along Main Street here the force of
competition to keep these medical costs down. And he wants to put
the government in the business of setting health care prices. That
will not work. I want to go after the root causes of the health
care. And he won't because the special interests won't let him.
Now, let me tell you one that's important here. I'll
give you an example. Last year alone, legal costs inflated our
doctors' bills by $20 billion dollars. And so we've targeted these.
- malpractice insurance for reform, as one way to keep costs down.
And I don't think you should have to hire a lawyer when you want to
see a doctor. (Applause.)
But Governor Clinton stands against malpractice reform.
And there is a simple reason. The trial lawyers of America, the same
THE WALLST.
fat cats who are getting rich off those malpractice lawsuits, are his
staunchest supporters. And here's what one Arkansas trial lawyer
JOURNAL
wrote about him trying to raise money for the Clinton campaign: "I
8/27/92
can never remember an occasion where he failed to do what was right
where we trial lawyers are concerned."
Small businesses are drowning in litigation, and
Governor Clinton wants to throw them a firehose. Well, help me get
Congress to put an end to frivolous lawsuits. We'd be a lot better
off if we sued each other less and cared for each other more in this
country. (Applause.)
I have had proposals up before this gridlocked Congress
for three years in a row. And now you've got a man who wants to run
for president that says he doesn't want to do anything about
malpractice. Let's change that Congress. Help me get this
malpractice under control. (Applause.)
From taxes, to regulators, to health care, to the
litigation explosion the election is a contest between two very
different views of business and of how our economy works.
And here is the bottom line. He talks a good game, but
his policies threaten to tax and spend and regulate you right out of
business. Small business should not be the big government's piggy
bank. (Applause.) And we are trying to do what is right for the
average family, right for the man and woman that are out there
holding a job working for a living. Reform welfare, help in every
way we can to help the families in this country. (Applause.)
AUDIENCE: Four more years! Four more years!
THE PRESIDENT: Let me tell you something. I was in a
hardware store and Mr. Jannie said something to me. He said, you see
my grandchildren here, he said I am very happy that they're going to
grow up thanks to you and your administration in a world that has
less fear of nuclear weapons. (Applause.) An administration that
bit the bullet and did what was right in Desert Storm.
Now, give us your support and let's do what's right for
the small businessman and woman in this country. (Applause.)
May God bless you. May God bless all of you and thank
you very, very much. Thank you very much. (Applause.)
Thank you all.
MORE
- 5 -
AUDIENCE: Four more years! Four more years!
THE PRESIDENT: Now if you've never seen legislation
signed, watch this one because I'm now going to sign the Small
Business Credit and Business Opportunity Enhancement Act of 1992, an
example of what we can do to put small business first.
(The bill is signed.)
Thank you all for coming. (Applause.)
END
11:18 A.M. EDT
PRODUCT LIABILITY /DATE AFT. JULY 1992
PAGE 1
LEVEL 1 - 136 STORIES
1. Los Angeles Times, August 28, 1992, Friday, Home Edition, Part A; Page 20;
Column 5; National Desk, 527 words, RECORD SHOWS TRIAL LAWYERS 'OWN BILL
CLINTON, QUAYLE SAYS, By PAUL RICHTER, TIMES STAFF WRITER, WASHINGTON
2. The Washington Times, August 28, 1992, Friday, Final Edition, Part A;
NATION; Pg. A4, 732 words, Vice president says Clinton is 'in pocket of trial
lawyers', Major Garrett; THE WASHINGTON TIMES
3. Business Wire, August 27, 1992, Thursday, 713 words, Justice Blackmun
speaks at Federal Bar Meeting in Cleveland, CLEVELAND
4. SUMMARY AND ANALYSIS. FIFRA Pre-empts State Tort Claims Based On Inadequate
Pesticide Labels., August 25, 1992, 61 U.S.L.W. 1027, 387 words, United States
Law Week, Copyright (c) 1992 The Bureau of National Affairs, Inc.
5. NEWS IN BRIEF: Product Safety and Liability. Mobile Homes., August 25, 1992,
61 U.S.L.W. 2112, 124 words, United States Law Week, Copyright (c) 1992 The
Bureau of National Affairs, Inc.
6. Canada NewsWire, August 24, 1992, Monday, Financial News, 158 words,
HALTON REINSURANCE COMPANY LIMITED, BURLINGTON, Ont., Aug. 24,
BC-halton-reins-earnings
36P4
P Suneel Ratan
LEVEL 1 - - 136 STORIES
Fortune, August 24, 1992, Domestic Edition, POLITICS & POLICY; Pg. 88, 2831
words, HOW GEORGE BUSH CAN COME BACK, by Ann Reilly Dowd, REPORTER ASSOCIATE
8. The National Law Journal, August 24, 1992, WORTH READING; Products
Liability; Pg. 18, 35 words, This legal bibliography, a weekly feature of The
National Law Journal, is prepared by Gerome Leone of the New York University law
library.
9. The National Law Journal, August 24, 1992, COURT DECISIONS; U.S. Circuit
Courts of Appeals; Products Liability; Pg. 46, 63 words, 3D CIRCUIT, U.S.
Circuit Courts of Appeals summaries are prepared by Circuit Courts Editor Stan
Soocher and National Law Journal researchers.
10. Property & Casualty/Risk & Benefits Management Edition, August 24, 1992,
PRODUCT NEWS/MARKETING; Market Mix; Pg. 43, 56 words, John J. Kinsella Named
Executive Vice President Of Admiral Insurance Company
11. New York Law Journal, August 24, 1992, Monday, Pg. 1, 751 words, Court
Study Examines Tort Verdicts In Suing Corporations, Government, DANIEL WISE
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LEVEL 1 - 136 STORIES
12. The Recorder, August 24, 1992, Monday, COMMENTARY; Law and Economics; Pg.
6, 1588 words, Profits Of the Profession; Claims that lawyers needlessly cost
the United States millions of dollars overlook indicators that lawyers tend to
boost, not burden, a nation's economy, FRANK B. CROSS; Frank B. Cross is an
associate professor of business regulation at the University of Texas at Austin.
13. Texas Lawyer, August 24, 1992, WEEKLY CASE SUMMARIES; Texas Appeals Court
Civil Cases; Pre-Trial Procedure; Pg. 8, 1880 words, MEDIATION SANCTIONS/
STATUTORY REQUIREMENTS/ PRODUCTS LIABILITY/ ASBESTOS/ CAUSATION/ FREQUENCY,
REGULARITY AND PROXIMITY/ CHOICE OF LAW/ NO EVIDENCE/ EXPERT WITNESSES/
IMPEACHMENT EVIDENCE/ APPELLATE PROCEDURE/ OBJECTING TO PREJUDGMENT INTEREST
14. The Washington Times, August 24, 1992, Monday, Final Edition, Part A; TOP
OF THE NEWS; NATION; Pg. A2, 171 words, Settlement reached in tampering deaths,
FROM WIRE DISPATCHES AND STAFF REPORTS, SEATTLE
15. The Seattle Times, August 22, 1992, Saturday, Final Edition, NORTHWEST;
Pg. A9, 503 words, SETTLEMENT REACHED IN 2 SUDAFED-TAMPERING DEATHS, BY JACK
BROOM
16. Pharmaceutical Business News, August 21, 1992, FINANCE/BUSINESS, 895 words
US courts become target for foreign claimants
LEVEL 1 - 136 STORIES
The Recorder, August 21, 1992, Friday, COMMENTARY; Point; Pg. 6, 1496
words, ON THE LIMITS OF DISCOVERY; In Defense of Protective Orders; The mere
filing of a suit proves nothing, and should not open unfettered access to
information which is valueless to the plaintiff, but priceless to the
manufacturer, JOE C. FREEMAN JR. and CHARLES R. BEANS; Joe C. Freeman Jr., a
partner in Atlanta's Freeman & Hawkins, is national product liability counsel to
Coca-Cola Co. and national coordinating litigation counsel to Eli Lily and Co.
Charles R. Beans, an associate at Freeman & Hawkins, specializes in general
civil litigation and product liability litigation.
The Recorder, August 21, 1992, Friday, COMMENTARY; Counterpoint; Pg. 7,
1472 words, ON THE LIMITS OF DISCOVERY; How the Defense Abuses Protective
Orders; Efforts to prevent discovery abuse have increased harassment of opposing
parties and isolated plaintiffs counsel from the other lawyers with similar
cases, C. NEAL POPE and R. TIMOTHY MORRISON; C. Neal Pope is a partner with
Atlanta's Pope, McGlamry, Kilpatrick & Morrison, litigating medical malpractice,
product liability, defective medical devices, class actions and cases involving
defectively designed and manufactured motor vehicles. R. Timothy Morrison, also
of Pope, McGlamry, was a member of the executive committee of the Alabama Trial
Lawyers Association from 1988-1991.
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LEVEL 1 - - 136 STORIES
19. Newsday, August 20, 1992, Thursday, ALL EDITIONS, BUSINESS; Pg. 47, 611
words, Pact on Faulty Heart-Valve OKd; Pfizer to provide $ 500 million to 55,000
users of Shiley device, By Michael Unger. STAFF WRITER, HEART; SURGERY;
DEFECTIVE PRODUCT; LAWSUIT; PFIZER
20. New York Law Journal, August 20, 1992, Thursday, COURT DECISIONS; Pg. 21,
1380 words, Services Cannot Be Basis For Strict Liability Claim; Love V.
Nutri/System Delaware Inc., Supreme Court, IA Part 9M, Justice Silver.
21. The New York Times, August 20, 1992, Thursday, Late Edition - Final,
Section D; Page 4; Column 1; Financial Desk, 167 words, COMPANY NEWS; A GABELLI
GROUP LIFTS ELJER STAKE TO 13.08% FROM 9.9%, Bloomberg Business News
22. The Recorder, August 20, 1992, Thursday, COMMENTARY; Pg. 6, 1839 words,
Unpacking 'Cipollone' For Courtroom Use; The Supreme Court's treatment of
tobacco liability provides framework for preemption claims applicable to a
variety of product cases, THOMAS A. EATON; Thomas A. Eaton has been teaching
torts, health law, product liability and workers' compensation since he became a
professor at the University of Georgia School of Law in 1979.
23. The Recorder, August 20, 1992, Thursday, PATTERNS & PRACTICES; Pg. 8, 1349
words, Stopping Junk Science From Junking Up the Courtroom; Legitimacy of
LEVEL 1 - - 136 STORIES
expert witnesses should not be compromised by 'shake and bake' charlatans,
MARVIN A. DEVLIN; Marvin A. Devlin is a partner at Long, Weinberg, Ansley &
Wheeler in Atlanta. Devlin, a graduate of Harvard Law School, is a litigator
specializing in medical and professional liability defense and drug and medical
device product liability defense.
24. New York Law Journal, August 19, 1992, Wednesday, IN BRIEF DECISIONS OF
INTEREST; Pg. 1, 236 words
25. New York Law Journal, August 19, 1992, Wednesday, COURT DECISIONS; Pg. 21,
1009 words, Maker Cannot Be Held Liable For Modified Machine; Gonzalez V. Verson
AllsteelPress Co., Supreme Court, IA Part 24, Justice G. Aronin.
26. The New York Times, August 19, 1992, Wednesday, Late Edition - Final,
Section D; Page 20; Column 1; National Desk, 923 words, Fullback Sues School
Over Her Injury, By FELICITY BARRINGER, Special to The New York Times,
WASHINGTON, Aug. 18
27. Daily Report For Executives, August 18, 1992, Tuesday, 1992 DER 160 d90,
TAXATION, BUDGET AND ACCOUNTING TEXT, 31156 words, 1992 REPUBLICAN PLATFORM,
"THE VISION SHARED: UNITING OUR FAMILY, OUR COUNTRY, OUR WORLD," APPROVED BY
REPUBLICAN NATIONAL CONVENTION AUG. 17, 1992 (TEXT)
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28. Los Angeles Times, August 18, 1992, Tuesday, Home Edition, Business; Part
D; Page 4; Column 1; Financial Desk, 899 words, DOW SLIPS 4.05 AS INVESTORS WAIT
FOR SIGNS; MARKET OVERVIEW
29. New York Law Journal, August 18, 1992, Tuesday, IN BRIEF DECISIONS OF
INTEREST; Pg. 1, 227 words
30. New York Law Journal, August 18, 1992, Tuesday, RECENTLY PUBLISHED;
Practitioner Guides; Pg. 2, 339 words
31. New York Law Journal, August 18, 1992, Tuesday, COURT DECISIONS; Pg. 21,
1316 words, Products Liability Impact of Products Modifications; Ralph Van
Buskirk et at., appellants-respondents, V. Frank Migliorelli et al., defendants
and Gehl Co., respondent-appellant. Decided July 23, 1992. Before Mikoll,
J.P.; Levine, Mercure, Crew III and Harvey, JJ.
32. The New York Times, August 18, 1992, Tuesday, Late Edition - Final,
Section D; Page 4; Column 1; Financial Desk, 152 words, COMPANY NEWS; ELJER'S
SHARES RISE AFTER COURT'S LIABILITY RULING, Bloomberg Business News
33. PR Newswire, August 18, 1992, Tuesday, State and Regional News, 262 words,
SILICONE BREAST IMPLANT MAKER WINS FIRST DEFENSE VERDICT, WAYNE, Pa., Aug. 18
K
LEVEL 1 - - 136 STORIES
34.
The Washington Post, August 18, 1992, Tuesday, Final Edition, FIRST
SECTION; PAGE A1, 1193 words, Framing a New Agenda; GOP Attempts to Recast
Conservatism, E.J. Dionne Jr., Washington Post Staff Writer, HOUSTON, Aug. 17,
1992, ANALYSIS, NATIONAL NEWS
35. CASES DOCKETED: Subject Matter Summary Of Cases Recently Filed. Courts and
Procedure., August 18, 1992, 61 U.S.L.W. 3117, 4417 words, United States Law
Week, Copyright (c) 1992 The Bureau of National Affairs, Inc.
36. CASES DOCKETED: Subject Matter Summary Of Cases Recently Filed. Product
Safety and Liability., August 18, 1992, 61 U.S.L.W. 3126, 592 words, United
States Law Week, Copyright (c) 1992 The Bureau of National Affairs, Inc.
37. Aviation Week and Space Technology, August 17, 1992, EAA ANNUAL
CONVENTION; Vol. 137, No. 7; Pg. 58, 1395 words, Latest Kit-Built Aircraft, New
FAA Certification Rules Highlight EAA Show, EDWARD H. PHILLIPS, OSHKOSH, WI.
38. Business Insurance, August 17, 1992, SPOTLIGHT REPORT; Pg. 28, 2326 words,
Meg Fletcher
39. Business Insurance, August 17, 1992, SPOTLIGHT REPORT; Pg. 20, 1975 words,
Michael Bradford
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47. Business Insurance, August 17, 1992, Pg. 35, 7443 words, Annual directory
of excess/surplus insurance writers
48. Business Insurance, August 17, 1992, Pg. 53, 24634 words, Annual directory
of insurance wholesalers
49. The Connecticut Law Tribune, August 17, 1992, Pg. 10, 2581 words, Suit
Foreshadows Flood of Actions Over Computer Keyboards, JARET SEIBERG
50. The Connecticut Law Tribune, August 17, 1992, Pg. 15, 577 words, State of
Connecticut Judicial Branch Cast Type Codes -- June 1992
51. The Connecticut Law Tribune, August 17, 1992, Superior Court Summaries;
Pg. 25, 128 words, Product Liability; PRODUCT LIABILITY * COMMERCIAL LAW,
UNIFORM COMMERCIAL CODE
52. Industry Week, August 17, 1992, FEATURES; Industrial Relations; Pg. 22,
2522 words, THE COSTS OF WORKERS' COMP; The workers' compensation system isn't
working. Employers, labor, and insurers alike grope for ways to stem
out-of-control costs, BY WILLIAM H. MILLER
TORT REFORM/ DATE AFT Juny '92
LEVEL 1 - 53 STORIES
Forbes, August 31, 1992, LAW AND ISSUES; Pg. 42, 735 words, "I looked him
in the eye and asked him", By Leslie Spencer
The Atlanta Journal and Constitution, August 29, 1992, NATIONAL NEWS;
Section A; Page 5, 666 words, Bush puts lawyers on trial, with Clinton as
co-defendant, WASHINGTON POST, politics; elections; voting; campaigns
3. Chicago Tribune, August 28, 1992, Friday, FINAL, NEWS; Pg. 4; ZONE: M;
Election '92, 366 words, Quayle says Clinton in trial lawyers' 'pocket',
Associated Press, WASHINGTON
4. The Houston Chronicle, August 28, 1992, Friday, 2 STAR Edition, A; Pg. 2,
568 words, Quayle, ads attack Clinton, say he's in "pocket' of lawyers, R.G.
RATCLIFFE, Houston Chronicle Austin Bureau; Staff, AUSTIN, Elections
Presidential
5. Los Angeles Times, August 28, 1992, Friday, Home Edition, Part A; Page 20;
Column 5; National Desk, 527 words, RECORD SHOWS TRIAL LAWYERS 'OWN BILL
CLINTON, QUAYLE SAYS, By PAUL RICHTER, TIMES STAFF WRITER, WASHINGTON
6. The New York Times, August 28, 1992, Friday, Late Edition Final, Section
A; Page 16; Column 1; National Desk, 667 words, THE 1992 CAMPAIGN: The Vice
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President; Quayle Says Letter Shows Lawyers 'Own' Clinton, By KEVIN SACK,
Special to The New York Times, WASHINGTON, Aug. 27
7. USA TODAY, August 28, 1992, Friday, FINAL EDITION, NEWS; Pg. 7A, 642 words,
QUAYLE, CLINTON AND LAWYERS, Richard Benedetto
8. The Washington Post, August 28, 1992, Friday, Final Edition, FIRST SECTION;
PAGE A16, 1111 words, Bush, Quayle Put Lawyers in Election-Year Docket, Saundra
Torry, Mark Stencel, Washington Post Staff Writers, NATIONAL NEWS
9. The Washington Times, August 28, 1992, Friday, Final Edition, Part A;
NATION; Pg. A4, 732 words, Vice president says Clinton is 'in pocket of trial
lawyers', Major Garrett; THE WASHINGTON TIMES
10. The National Law Journal, August 24, 1992, Pg. 16, 329 words, Woman
Trouble
11. USA TODAY, August 24, 1992, Monday, FINAL EDITION, NEWS; Pg. 9A, 792 words
Let's put one party in charge, Norman Ornstein
12. The New York Times, August 23, 1992, Sunday, Late Edition - Final, Section
3; Page 25; Column 1; Financial Desk, 948 words, The Executive Life; In Dead
LEVEL 1 - 53 STORIES
Summer, Dreams of Ski Heaven, By Michael S. Malone; Michael S. Malone writes
frequently about Silicon Valley from Los Altos, Calif.
13. The Washington Post, August 20, 1992, Thursday, Final Edition, EDITORIAL;
PAGE A18; LETTERS TO THE EDITOR, 369 words, Toward a Salaried Medical Service,
LETTER
14. Daily Report For Executives, August 19, 1992, Wednesday, 1992 DER 161 d1,
TABLE OF CONTENTS; 161., 1460 words
15. Daily Report For Executives, August 19, 1992, Wednesday, 1992 DER 161 d2,
TODAY'S SUMMARIES; 161., 1097 words
16. Daily Report For Executives, August 19, 1992, Wednesday, 1992 DER 161 d18,
CONGRESSIONAL AND PRESIDENTIAL ACTIVITY; 161., 364 words, Campaign '92, QUAYLE
ADVOCATES TORT REFORM TO EASE LEGAL SYSTEM'S HIGH COSTS, LONG DELAYS
Copyright (c) The Bureau of National Affairs, Inc., 1992, U.S. LAW WEEK -
DAILY EDITION, Aug. 19, 1992 (3:30 PM) XXXXXXXXXXXXXX, 106 words, IN THIS
ISSUE NEWS & ANALYSIS - CAMPAIGN '92 GOP: Quayle Advocates Tort Reform To
18
Ease Legal System's High Costs, Delays NEW COURT DECISIONS
No.
22464 Nev SupCt
Davidson V. Velsicol Chemical Corp.
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PRE-EMPTION -- Product Safety and Liability
U.S.
Law Week Digest of 8/12/92 Opinion
No. 76,437 Okla SupCt
18. Copyright (c) The Bureau of National Affairs, Inc., 1992, U.S. LAW WEEK -
DAILY EDITION, Aug. 19, 1992, 402 words, NEWS & ANALYSIS Campaign '92
QUAYLE ADVOCATES TORT REFORM TO EASE LEGAL SYSTEM'S HIGH COSTS, LONG DELAYS
HOUSTON (Daily Report for Executives) - Vice President Dan Quayle Aug. 18
strongly urged tort reform in the United States to correct a legal system
burdened with excessive costs and long delays.
19. Daily Report For Executives, August 18, 1992, Tuesday, 1992 DER 160 d90,
TAXATION, BUDGET AND ACCOUNTING TEXT, 31156 words, 1992 REPUBLICAN PLATFORM,
"THE VISION SHARED: UNITING OUR FAMILY, OUR COUNTRY, OUR WORLD," APPROVED BY
REPUBLICAN NATIONAL CONVENTION AUG. 17, 1992 (TEXT)
20. Business Insurance, August 17, 1992, Pg. 2, 1044 words, Study says joint
and several liability to hurt economy; Report blasts S&L litigation, MARK A.
HOFMANN, WASHINGTON
21. The National Law Journal, August 17, 1992, BUSINESS WATCH; Newsline; Pg.
17, 95 words, Equity Costs Up, Compiled from NLJ staff, correspondent and
Associated Press reports., WASHINGTON
LEVEL 1 - 53 STORIES
diver
22. Chicago Tribune, August 12, 1992, Wednesday, NORTH SPORTS FINAL EDITION,
CHICAGOLAND; Pg. 8; ZONE: C, 578 words, CTA seeks riders' aid against injury
fraud, By Gary Washburn, Transportation writer
23.
Business Insurance, August 10, 1992, PERSPECTIVES; Pg. 19, 1352 words, ASK
24
A RISK MANAGER; Overcoming the challenges of finger-pointing mentality, Susan M.
Werner, director of risk management at Hardee's Food Systems Inc. in Rocky
Count, N.C.
24. Crain's Chicago Business, August 10, 1992, LETTERS; Pg. 14, 250 words,
Apples and oranges, Reynold E. Becker, Alliance of American Insurers, Schaumburg
25. The Connecticut Law Tribune, August 10, 1992, BEHIND THE BAR; Pg. 17, 277
words, Bowing Out, Jaret Seiberg
26. The Connecticut Law Tribune, August 10, 1992, Superior Court Summaries;
Pg. 29, 101 words, Torts; TORTS, TORT REFORM ACT * PARENT AND CHILD, PARENTAL
IMMUNITY * C.G.S. 852-572(f)
27. Michigan Lawyers Weekly, August 10, 1992, TRIALS AND SETTLEMENTS; Pg. 27,
475 words, Auto Negligence Catastrophic Injuries
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28. The National Law Journal, August 10, 1992, Pg. 7, 807 words, Parties and
Politics at ATLA Meet, BY ANDREW BLUM, National Law Journal Staff Reporter,
WASHINGTON
29. Property & Casualty/Risk & Benefits Management Edition, August 10, 1992,
AGENT/BROKER; Pg. 33, 349 words, NAIB Appoints Top Execs. To Committee Chairs,
BY ANGELA K. CALISE
30. Newsday, August 9, 1992, Sunday, NASSAU AND SUFFOLK EDITION, CURRENTS; Pg.
33, 195 words, Bursting the Canadian Bubble, Michael Ross. Nesconset, LETTER
31. The New York Times, August 9, 1992, Sunday, Late Edition - Final, Section
3; Page 11; Column 1; Financial Desk, 229 words, A Caution on Rationing Health
Care
32.
The National Journal, August 8, 1992, AT A GLANCE; A Weekly Checklist of
Major Issues; Legal Affairs; Vol. 24, No. 32; Pg. 1848, 166 words, The long arm
33
of the law
33. Daily Report For Executives, August 6, 1992, Thursday, 1992 DER 152 d1,
TABLE OF CONTENTS; 152., 2703 words
LEVEL 1 - - 53 STORIES
34. Daily Report For Executives, August 6, 1992, Thursday, 1992 DER 152 d21,
REGULATION, ECONOMICS AND LAW; 152., 427 words, Savings Institutions, LITIGATION
AGAINST PROFESSIONALS WILL DAMAGE U.S. ECONOMY, STUDY SAYS
36
35
Daily Report For Executives, August 6, 1992, Thursday, 1992 DER 152 d39,
REGULATION, ECONOMICS AND LAW; 152., 675 words, Product Liability, COMMITTEE
HOLDS HEARING ON TORT REFORM AS SENATE NEARS EXPECTED SEPTEMBER VOTE
36. New York Law Journal, August 6, 1992, Thursday, Pg. 1, 877 words, Court
Funding, Abortion Issues Confront ABA in San Francisco, EDWARD A. ADAMS
37. Los Angeles Times, August 5, 1992, Wednesday, Home Edition, Metro; Part B;
Page 6; Column 1; Letters Desk, 155 words, HEALTH CARE IN U.S., CANADA, Letter
to the Editor
38. New York Law Journal, August 5, 1992, Wednesday, TODAY'S NEWS UPDATE; Pg.
1, 527 words
39 PR Newswire, August 5, 1992, Wednesday, Financial News, 633 words,
40
AMERICAN TORT REFORM ASSOCIATION: SCAPEGOAT LITIGATION WILL DRAIN U.S. ECONOMY
AN AVERAGE OF $17.8 BILLION ANNUALLY
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40. Copyright (c) The Bureau of National Affairs, Inc., 1992, BNA PENSIONS &
BENEFITS DAILY, Aug. 3, 1992, 361 words,
Texas MEDICAL LIABILITY REFORM WOULD
CUT HEALTH CARE COSTS LITTLE, STUDY SAYS
AUSTIN, TX (BNA) -- Changing the
medical professional liability system in Texas will have minimal cost savings
impact on the overall health care delivery system, according to a report by Tonn
and Associates.
41. The Connecticut Law Tribune, August 3, 1992, Superior Court Summaries; Pg.
29, 92 words, Torts; TORTS, TORT REFORM ACT, JOINT TORTFEASORS
42.
New Jersey Law Journal, August 3, 1992, EDITORIALS; Pg. 14, 586 words,
Seventy Percent Nonsense
43
43. The National Law Journal, August 3, 1992, Pg. 1, 2010 words, Tort Tales
Lash Back, BY GAIL DIANE cox, National Law Journal Staff Reporter, DENVER
44. The National Law Journal, August 3, 1992, Pg. 3, 843 words, Bill Looms as
ATLA Gathers; Parties Also on Agenda, BY ANDREW BLUM, National Law Journal Staff
Reporter
45. The National Law Journal, August 3, 1992, Pg. 14 60:ATLA Concerns, 346
words
LEVEL 1 - 53 STORIES
46. Property & Casualty/Risk & Benefits Management Edition, August 3, 1992,
RISK MANAGEMENT/EMPLOYEE BENEFITS; Risk Management Beat; Pg. 9, 995 words,
What's The Best Political Party For Risk Mgrs., BY DAVID M. KATZ
47. Property & Casualty/Risk & Benefits Management Edition, August 3, 1992,
Pg. 4, 505 words, Michigan Auto Rate Rollback Drive Stalled, BY COLLEEN MULCAHY
48. Insurance Information Institute Reports, August, 1992, 5225 words,
FINANCIAL AND MARKET CONDITIONS: PROPERTY/CASUALTY INSURANCE
49. Insurance Information Institute Reports, August, 1992, 4651 words, MEDICAL
MALPRACTICE
50. Insurance Information Institute Reports, August, 1992, 4821 words, PRODUCT
LIABILITY TORT REFORM
51. Los Angeles Times, August 1, 1992, Saturday, Valley Edition, Metro; Part
B; Page 1; Column 2, 836 words, RULING LIMITS DAMAGES IN MALPRACTICE SUIT;
HEALTH: THE STATE HIGH COURT DECISION PREVENTS A WOMAN FROM SEEKING A PUNITIVE
AWARD AGAINST A TARZANA LAB THAT OVERLOOKED SIGNS OF CANCER IN HER PAP SMEAR.,
By AMY PYLE, TIMES STAFF WRITER, Full Run
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52. Los Angeles Times, August 1, 1992, Saturday, Home Edition, Metro; Part B;
Page 8; Column 1; Metro Desk, 319 words, WOMAN CAN'T SEEK PUNITIVE DAMAGES FOR
LAB ERROR, By AMY PYLE, TIMES STAFF WRITER
53. The National Journal, August 1, 1992, CONGRESSIONAL CHRONICLE; Vol. 24,
No. 31; Pg. 1797, 1009 words, GINGRICH GRAZED BY TARGETED CAMPAIGNS, BY RICHARD
E. COHEN
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