Conservative coalition mobilizes against trial lawyers to spur economic recovery

More than 20 conservative groups are pushing Congress to shield businesses from trial lawyers who may seek to exploit the coronavirus pandemic.

Americans for Tax Reform President Grover Norquist, Committee to Unleash Prosperity President Stephen Moore, Americans for Prosperity chief governmental affairs officer Brent Gardner, and FreedomWorks Vice President Jason Pye are among the leaders asking lawmakers to enact stronger liability protections to better protect those on the front lines of the coronavirus response efforts.

The group sent a letter to Senate Majority Leader Mitch McConnell and House Speaker Nancy Pelosi on Wednesday warning that if action is not taken now, industries that are vital to the nation’s economic recovery could suffer “catastrophic bankruptcies.”

“Because of the looming threat posed by the trial lawyers’ tort agendas, doctors and healthcare professionals remain fearful of making the tough healthcare decisions that are needed to respond to this pandemic; hospitals, nursing homes, and assisted living facilities are afraid that the care delivered in unprecedented circumstances will be second-guessed; manufacturers are hesitant to produce essential products; and transportation companies are risking their very existence to keep America supplied,” the groups wrote. “If the trial lawyers’ predatory, self-serving agenda succeeds, it will hobble our nation’s economic recovery.”

The groups call for lawmakers to enact “reasonable constitutional reform proposals” that create shields from litigation.

A spokesman for the coalition said evidence for the coming legal onslaught can be found in reports of lawyers counseling doctors and hospital clients to carefully document their coronavirus-related decisions and lawyers advertising in Florida for coronavirus litigation.

The American Tort Reform Association also is sounding the alarm about a bevy of lawsuits.

As President Trump begins discussions with governors about when and how to reopen their states for business, federal policies regarding the liability of those returning to work could prove critical to the risks American entrepreneurs are willing to take in the coming months.

The conservative coalition pushing for new federal policy has allies working with the White House. Mr. Moore has reportedly been added to Mr. Trump’s economic recovery task force and has been a staunch proponent of re-opening the economy as quickly as possible.

The coalition may find pushback from liberals in the House who previously fought the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017. That legislation placed new restrictions on class-action lawsuits and narrowly passed the House, which was then controlled by Republicans.