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December 1, 2009

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Lobbyists keep busy opposing ‘sunshine-litigation’ bill

John Wilkerson

Thursday, April 12, 2001 | 9:10 a.m.

CARSON CITY -- Business interests turned out in force Wednesday to oppose a Senate bill that would let Nevada residents see the details of court settlements involving public hazards.

Senate Bill 411, barring judges from sealing terms of settlements or orders, is the legislature's second effort to pass a "sunshine-litigation" bill. Senate Minority Leader Dina Titus failed to get a similar measure passed in 1991.

"During the 1991 session, we called it the 'lobbyist full-employment bill,' " said Titus, D-Las Vegas.

"It looks like it has had the same consequences this time around, too," she said, referring to the crowd of lobbyists who showed up to oppose the measure.

Senate Judiciary Chairman Mark James, R-Las Vegas, who introduced SB411, cited several examples of sealed settlements, ranging from asbestos to the recent Firestone tire case, that could lead to deaths and serious injuries because of court-ordered confidentiality agreements.

James argued that the bill would save money and lives by forcing companies to deal with such hazardous problems before letting them get out of control -- as the Firestone case has done.

"If it's not a public hazard, it's not going to come up," James said, adding that frivolous lawsuits are illegal in Nevada.

"This bill is not trying to get at small businesses. It tries to get at the Ford Motor companies."

However, others disagreed, saying at least the definition of a public hazard should be clearly defined in the bill.

Mary Lau, representing the Retail Association of Nevada, said some unscrupulous lawyers "shop" lawsuits by finding past settlements.

She gave an example of a lawyer selling cases over the Internet along with a how-to kit.

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