| CONSUMERS FOR CIVIL JUSTICE | |
Activities and Accomplishments
A
Closer Look at CCJ’s Activities and Accomplishments:
1993 to Present
October
19, 2005
Peter
P. Guzzo, Executive Director/Legislative Agent
Email:
NJTTP@msn.com
Webpage:
NJCCJ.org
Consumer
Hotline: (609)278-1652
CCJ
Board of Trustees
American
Association of Retired Persons
Brain Injury Association of New Jersey
CCJ Elder Care Advocacy
Childhood Lead Poisoning Emergency Response (CLPER)
CWA-District 1
Health Professionals and Allied Employees
Hemophilia Association of New Jersey
Housing & Community Development Network of New Jersey
Mothers Against Drunk Driving—New Jersey
New Jersey Advisory Council on Safety and Health
New Jersey Citizen Action
New Jersey Environmental Federation
New Jersey Public Interest Research Group
New Jersey Work Environment Council
Physicians & Patients for Quality Care, Inc.
Service Employees Industrial Union
Voices for Patient Protection
________________________________________________________________
Chair:
Myles O’Malley
President: Jayne Santasiere
Executive Director and Legislative Agent:
Peter Guzzo
Mailing Address: P O Box 7781
Trenton, NJ 08628
Office: 108 West State Street
Trenton, NJ 08608
(across from State House)
Phone (609)883-7481 Fax: (609)883-1982
CCJ Hotline: (609)278-1652
(e-mail: NJTTP@MSN.COM)
Website: www.NJCCJ.org
CCJ
Statement of Purpose
Consumers for Civil Justice, Inc. (CCJ) is a
coalition of citizen, labor, civil rights, victims’ rights, environmental and
public health organizations promoting the interests of New Jersey’s consumers
through fair and equal access to the civil justice system and government.
CCJ was established in 1993 in response to
efforts in the New Jersey Legislature to weaken the State’s tort liability
laws. Coalition member
organizations worked diligently to provide an alternative voice on behalf of the
consumers during a contentious year-long debate dominated by the money and the
politics of big business. CCJ’s
efforts resulted in the substantive amending of a series of “tort reform”
bills that had been characterized as “draconian” by noted consumer
advocates. While our State’s tort
laws were amended, the final impact of the legislation on consumers was softened
by the work of CCJ and its supporters in the New Jersey Legislature.
CCJ remains committed to protecting consumers
from the harmful effects of dangerous products, environmental hazards, drunk and
negligent drivers, unsafe health care facilities, medical malpractice and
various insurance proposals that deny victims their just remedies that often
result when private industry places profits before the health and safety of the
public and threatens the integrity of the democratic process.
CCJ recognizes the challenges presented by
the current climate in our State and nation.
An alliance of powerful corporate interests and some politicians has
always been prepared to launch an unprecedented assault on consumers and the laws that protect them.
These powerful interests use their money and influence to discriminate
against women, workers, the poor and middle class workers and to take from them
long established constitutional and legal rights.
CCJ’s public interest agenda incorporates a
network of progressive, pro-consumer organizations and advocates, both on the
State and national level, who find themselves under assault.
CCJ will work with its supporters to advance the interests of consumers
and workers through grassroots advocacy, public education, the dissemination of
accurate and timely information through the mass media and participation in the
legislative, executive, regulatory and legal process.
Introduction
CCJ is a coalition that has been at the forefront
of fighting for consumer and victim rights for the past ten years.
Beginning in 1993, CCJ has consistently stood firm with its friends
against unprecedented legislative onslaughts by the wrongdoers lobby in Trenton
and Washington, D.C. The result: consumer
and victim rights are being protected!
Nevertheless, the need for CCJ to remain vigilant
has never been greater. The
experiences of the past ten years have taught CCJ to be forever vigilant of
attempts by powerful industries and lobbyists to suppress the rights of
consumers and victims. Today, CCJ
is structured with a 16-member Board of Trustees that meets monthly to discuss
issues and map strategy and employs an executive director and legislative agent
with an office and support staff located across from the State House in Trenton.
In order to remain abreast of activities on the federal level, CCJ has
established cooperative efforts with a number of national consumer
organizations. They include:
Public Citizen, Citizens for Corporate Accountability and Individual
Rights (CCAIR), the Civil Justice Foundation, the National Tobacco Control
Coalition and the National Coalition Against Bigger Trucks.
CCJ has also taken steps to better serve its
members and the general public. Funded
by an initial grant from the Civil Justice Foundation, CCJ now operates a CCJ
Consumer Complaint Hotline. The
purpose of the hotline is to assist consumers in reaching the proper government
(federal, State, county or local) and private agencies with their questions and
needs. Additionally, CCJ has its
own web-page and capability of reaching every member of the US Senate, US House
of Representatives and New Jersey State Legislature by e-mail.
CCJ also prepares occasional newsletters, which is distributed to its
trustees, members, the New Jersey Legislature, the Governor’s Office, the New
Jersey Congressional and US Senate delegation, the State House Press and various
libraries throughout New Jersey. Today,
CCJ also utilizes the internet to broadcast programs on consumers and victims
rights.
Since its inception CCJ has held awards Banquets to honor those individuals
and organizations who have promoted the rights of consumers and victims in New
Jersey. CCJ believes giving
recognition to supporters of consumer and victims’ rights will help foster a
positive attitude in its struggle against proposals that deny just remedies that
result when private industry places profits before the health and safety of the
public and threatens the integrity of the democratic process.
This years Awards Banquet is its fourth such event.
CCJ
and Tort Reform
In November of 1993, a package of Tort Reform bills
was introduced in the New Jersey Legislature designed to dramatically diminish
the ability of innocent victims to
secure full and fair compensation for personal injuries wrongfully sustained.
This package of bills had the backing of the most powerful industries and
lobbyists in New Jersey who ultimately spent hundreds of thousands of dollars in
the ensuing battle. The
“wrongdoers lobby” was poised for a quick, complete and unprecedented
massacre of consumer rights.
CCJ’s strategic plan involved the formation
of a coalition of numerous and diverse organizations; the release of two reports
to the media and legislative leadership in Trenton entitled The Facts on New
Jersey’s Civil Justice System and Corporate Cover-up:
A History of New Jersey Environmental Disaster; working the media
(press conferences, press releases, editorial board sessions and investigative
newspaper articles); holding victims rallies in the State House, most notably a
successful rally on May 30, 1995; testifying at numerous New Jersey General
Assembly and Senate legislative committee meetings; participating in key
negotiations sessions with legislative leaders and Governor’s counsels, most
notably on May 31, 1995 with then Assembly Speaker Jack Collins; and forging an
alliance with key legislators, especially Senator Jack Sinagra, who sponsored,
with CCJ support, a package of pro-consumer legal protection measures.
CCJ also participated in the formation of a national coalition, the
Coalition for Accountability and Justice (CAJ), to oppose federal tort reform
legislation, including an anti-consumer federal product liability bill.
Instead of a massacre, citizen, consumer,
health, labor, victim, environmental, women and senior organizations banned
together as a coalition of Consumers for Civil Justice.
CCJ’s mission was, and remains, to preserve access to the courts and
government and full and fair compensation for injuries wrongfully sustained and
to promote and protect the public health. Through
the efforts of CCJ and other supporters of the rights of consumers and victims,
legislation to implement “losers pay” and eliminate contingency fee
arrangements was defeated, joint and several legislation was amended in the New
Jersey General Assembly to insure that an injured party receives the same amount
of compensation as entitled to under the old law, and punitive damages
legislation was amended to raise the cap on punitive damages from $250,000 or
three times compensatory damages to $350,000 or five times compensatory damages,
whichever number is greater.
During this time, CCJ actively debated the
tort reform proposals with its opponents. On
September 13, 1994, CCJ participated in an all-day conference on tort reform
sponsored by the New Jersey American Association of Retired Persons (AARP),
which was held at the Hilton Hotel in East Brunswick, NJ.
CCJ debated the merits of the tort reform package of legislation against
the prime supporters of the package, Citizens Against Lawsuit Abuse (CALA), an
insurance industry and other major industry (tobacco, asbestos, silicone)
supported organization. As a result of this event, AARP opposed any efforts to put
caps on punitive damages and to change the joint and several liability laws.
(AARP formally joined CCJ as a trustee on March 7, 1995.)
CCJ met with the New Jersey Head Injury Association (now the Brain Injury
Association) on October 18, 1994 and it eventually joined CCJ; the New Jersey
Hospital Association on October 26, 1994; on April 4, 1995, CCJ attended an
editorial board with the Courier Post and on April 6, 1994 it met the
editorial board of the then Woodbridge News/Tribune (now the Home
News/Tribune); on May 24, 1995 CCJ held the first in a series of press
conferences opposing the proposed tort reform legislation; and on May 30, 1995
sponsored a successful State House vigil attended by victims of industrial
accidents.
For the past nine years (1996-2005), CCJ has been
vigilant with regard to statements made by the business and insurance industry
that enactment of “tort reforms” would cause insurance rates to stabilize
and even fall. Every attempt made
by the advocates of “tort reform” to promote legislation has been rebuffed
by CCJ with one key argument: “the
data do not support any conclusion that enactment of the tort laws since the
liability insurance crisis of the mid-1980’s has succeeded in reducing
insurance costs to insurance consumers.”
CCJ
and Automobile Insurance Reform
Much of 1997 and into 1998 were consumed for CCJ by
auto-insurance reform. CCJ’s
position on auto-insurance reform has been, and continues to be, to REDUCE
RATES, NOT RIGHTS! A
pro-consumer reform package will reduce auto-insurance rates without reducing
the benefits and rights of motorists and victims of auto-insurance and control
the insatiable appetite of the insurance industry to constantly raise rates.
For these reasons, CCJ remained outspoken against Governor Whitman’s
proposed auto-insurance reforms that were eventually enacted into law in a
modified version on May 19, 1998 as P.L. 1998, c. 21.
While the final version was not to the complete liking of CCJ, it at
least was minus many of the draconian reforms aimed at the rights and benefits
of victims that the Governor originally proposed.
Specifically, CCJ’s pro-consumer
auto-insurance reform proposal continues to consist of the following:
1. The
auto insurance industry must be subject to better public accountability and more
objective accounting standards. For
example, on June 19, 1997, CCJ wrote to the Commissioner of Insurance asking for
the Department to put an end to the insurance industry using rate payer dollars
to promote and lobby for its anti-consumer reforms and writing off the expense
as a cost of doing business. Needless to say, the Department did not honor CCJ’s
request. It appears that
legislation may be needed to accomplish this goal and CCJ will continue to
promote this cause.
2. Enactment
of a mandatory 20 percent rollback in insurance rates, which amounts to the cost
of fraud in the auto-insurance rate of every driver in New Jersey.
By mandating this rollback, CCJ believes that the industry will be
serious about rooting out fraud instead of simply passing the cost on to every
dollar, since every dollar of fraud it recovers will off-set the rollback.
Governor Whitman seized on this issue and did include it in her 1998 auto
insurance reform law.
3. Creation
of an intervening mechanism for consumer groups to challenge auto-insurance
rates filed in New Jersey. The
State and the insurance industry would cover the cost. Alternatively, the Office of Public Advocate should be
reconstituted. With CCJ’s
support, this goal has been achieved.
4. Providing
more insurance information for drivers at Division of Motor Vehicle offices,
such as the rates of the insurers for various classes of motorists, which would
enhance the ability of motorists to shop for the best rate and encourage
competition among insurers.
Again, this proposal was adopted by former Governor James McGreevey.
In 1994, CCJ became an active player in
discussions with the Administration and the Legislature on auto insurance reform
proposals. On October 7, 1994, CCJ
was invited to, and attended, the Commissioner’s of Insurance’s Panel on
Auto Insurance. Again, on December
4, 1996, CCJ was invited to attend another panel discussion held by the
Commissioner of Insurance. CCJ
participated in WCTC’s (New Brunswick) radio call-in show on January 20, 1997;
on March 5, 1997, CCJ participated in AARP’s auto insurance forum;
CCJ participated in a rally sponsored by Leslie Hyatt and 101.5 radio in
front of the State House on April 23, 1997 aimed at the insurance industry; on
April 30, 1997, CCJ attended Governor Whitman’s first public forum on auto
insurance held at the Georgian Court College; CCJ testified at a Joint
Senate-Assembly Insurance Committee meeting in Rutherford, NJ on May 1, 1997; on
May 10, 1997, CCJ debated a spokesperson from the insurance industry on WOR-TV;
on May 16, 1997, CCJ sat on an auto insurance panel sponsored by the New Jersey
Democratic State Committee; and on May 12, 1998, CCJ participated in a debate on
FOX-TV in Philadelphia.
On March 11, 2002 Banking and Insurance
Commissioner Holly Bakke formed a working group of consumer advocates, medical
providers, attorneys and insurance industry representatives to examine New
Jersey’s auto insurance system and propose improvements.
Commissioner Bakke stated in forming this group, “I have asked
representatives who are closest to this issue to come to the table with ideas
that, if implemented, would bring new insurance companies to New Jersey and
improve the auto insurance system for citizens.”
Thirty professionals participated in the
working group, which was divided into three round tables. One team examined what improvements needed to be made to the
existing auto insurance system. A
second round table investigated ways of promoting a competitive marketplace.
The third group explored ideas for more fundamental changes.
CCJ was invited to participate in the third
group and for the course of the new systems working group Peter Guzzo, CCJ’s
Executive Director/Legislative Agent attended meetings and participated in the
preparation of a final report.
CCJ also took the initiative on holding public
events to focus attention on pro-consumer auto-insurance reforms beginning on
July 12, 1997 with a press conference calling for a non-binding public
referendum on the question of a mandated 20 percent auto insurance rate
rollback. This was followed by a
press conference on August 18, 1997 at which activists involved in the
California Proposition 103 movement spoke on the success of the mandated 20
percent rollback in California. On
October 14, 1997, CCJ held a press conference announcing the results of a
legislative pledge campaign against reducing the rights of victims of automobile
accidents.
During the past twelve years CCJ has
testified at numerous legislative committee meetings
in opposition to legislation that would adversely affect the rights of
victims of automobile accidents. Some
of the bills it spoke out against would impose managed care PIP’s on insureds;
eliminate suits for non-economic loss and economic loss for bodily injury and
death create a first-party coverage for those losses; repeal compulsory auto
liability insurance; and enact a strong verbal threshold as the only threshold
in New Jersey. CCJ also strongly
supports legislation that provides a cause of action to consumers who were
treated unfairly by their insurance companies.
The need for CCJ vigilance regarding auto
insurance continues. Much of what
was enacted by recent law requires implementation by Department of Insurance
regulations. CCJ, through its
participation on the PIP Coalition headed by the New Jersey Brain Injury
Association, attended meetings with the Department of Insurance.
The regulations impose unfair limitations and exclusion
requirements of certain diagnostics, the establishment of nationally recognized
protocols and establishing co-payments. While
CCJ and its friends were unsuccessful in preventing adoption of several
anti-consumer regulations in the Legislative Session 2000-2001, CCJ has been
more persuasive in convincing legislators and the new administration that there
are no real savings to be derived from restricting the rights and benefits of
motorists.
To this end, CCJ actively supported
legislation which would have eliminated the ruling in the James V. Torres November,
2002 Appellate Division case. This
ruling stated that to qualify for pain-and-suffering awards, victims not only
must prove serious permanent injuries under th 1998 auto insurance law, they
also must demonstrate the injuries have had a “serious impact” on their
life. It is questionable whether
the 1998 law intended a “serious impact” qualifier.
Fortunately, on June 14, 2005, the New Jersey State Supreme Court ruled
in a 6-0 decision that auto insurers must pay for permanent injuries, even if
they are not serious. The Court
said that the New Jersey Legislture did notmspecify that injuries had to be
serious for people who chose the lawsuit option to be able to sue.
At the writing of this update to CCJ’s
Activities and Accomplishments (October, 2005), the insurance industry continues
to attempt to influence New Jersey’s legislators and the administration by
calling for ‘meaningful changes” to the automobile insurance laws to correct
the Court’s ruling. If history is
any guide to the present, this can only mean the insurance industry will once
again attempt to restrict the rights and benefits of victims of automobile
accidents, all in the name of increasing profits.
CCJ
and the Recreational Sports and Leisure
Activities
Liability Study Commission
Starting in March of 1995, CCJ began
attending, monitoring and testifying at hearings held by this study commission.
The Commission was considering legislation and other proposals to limit
the rights of injured victims to bring actions for damages stemming from certain
recreational activities, such as amusement park rides and equestrian events.
Because of CCJ’s continuing efforts and the efforts of other
organizations interested in protecting the rights of victims, the Commission was
very cautious in recommending any anti-victim proposals and has ceased meeting.
Finally, on July 20, 2001, the Governor signed A-2525/S-2362 into law (P.L.
2001, c. 166. This law, supported by CCJ, strengthened the law regarding
carnival-amusement ride safety.
CCJ
and the Youth-In-Session Anti-Tobacco Day
At the suggestion of CCJ, a Youth-In-Session
Day was held in the Assembly Chamber of the State House, Trenton, on
April 24, 1996. CCJ invited the Medical Society of New Jersey, New Jersey
Breathes sponsored by the Robert Wood Johnson Foundation) and the New Jersey
Cancer Society to join in sponsoring the day.
Some 100 high school students attended.
The students participated in a mock legislative session and voted to
support an increase in the tobacco tax as a deterrent to tobacco use, especially
among the youth. The Commissioner
of Health and several Assemblymen addressed the session.
This anti-tobacco event was a follow-up to a
CCJ press conference held on December 20, 1995 in the State House supporting an
increase in the tobacco tax. The
New Jersey Medical Society, the American Lung Association and many other
anti-tobacco organizations attended the press conference.
In addition, CCJ testified in both New Jersey
Senate and Assembly Committees in support of the tobacco tax to deter tobacco
use and as a means of funding charity care.
In December of 1997, CCJ addressed a letter to the New Jersey Attorney
General asking him not to support the proposed national settlement with the
tobacco industry, thereby standing firm with the National Tobacco Control
Coalition.
CCJ
and the Women’s Day of Awareness
on
Federal Product Liability Legislation
CCJ and the New Jersey Chapter of the National
Organization of Women (NOW), a CCJ trustee, co-sponsored a Women’s Day of
Awareness in Trenton on July 10, 1996. The
purpose of the event was to focus on how women are being disproportionately
harmed by unsafe products both as direct victims as well as indirectly as care
takers of husbands, sons, daughters, etc., who are harmed.
Informational tables were set up at the State House entrance to provide
both the public and the press with information about how unsafe products have
hurt women and why federal legislation that will weaken the ability of our civil
justice system to compensate innocent victims of product injuries and punish and
deter reckless manufacturers of unsafe products should be defeated. This was followed by a press conference that featured Mary
McDonough, TV and film celebrity and a breast implant victim.
The turn out of CCJ members was excellent and the media coverage was
extensive.
CCJ
and Health Care Issues
One of CCJ’s priority issues, in
cooperation with two of its Board members, the Health Professionals and Allied
Employees (HPAE) and New Jersey Citizen Action, was the enactment of legislation
to protect the rights of victims/patients who are seeking to receive needed
health care treatment from physicians but are denied access to quality care by
managed care providers that are more interested in saving money than in
providing quality treatment. To
this end, CCJ began testifying in March of 1996 in both the New Jersey Senate
and Assembly and before the New Jersey State Department of Health and Senior
Services in support of legislation and regulations to safeguard patients’
rights and access to quality care. These
efforts were rewarded with the enactment of the “Health Care Quality Act” of
1997.
CCJ also supported passage of legislation to
extend the protections of the “Conscientious Employee Protection Act” to
health care professionals. The
legislation was enacted into law in 1997 and protects health care professionals
against employer retaliation to any licensed health care professional who takes
actions regarding an instance of improper patient care that the professional
reasonably believes violates the professional’s code of ethics or any law,
rule or regulation. CCJ
also supported SCS for S-1333/722, known as the “Health Care Carrier
Accountability Act of 1998”, of which NJ PIRG was a prime mover.
This legislation was signed into law on July 30, 2001 as P.L. 2001, c.
187. This legislation, the “Health Care Carrier Accountability
Act”, allows persons covered under a health or dental benefits plan issued by
a carrier (an insurance company, health, hospital or medical service
corporation, HMO, dental plan organization or dental service corporation) to sue
their carrier or an organized delivery system (which contracts with the carrier)
for economic and non-economic loss that occurs as a result of the carrier’s or
organized delivery system’s negligence with respect to the denial of or delay
in approving or providing medically necessary covered services.
Furthermore, CCJ has supported the efforts of
the Brain Injury Association of New Jersey in achieving three major
accomplishments:
·
The addition of 50 more TBI Medicaid
Waiver slots in this year's budget. Governor Codey proposed funding for these
slots in his budget address and this funding was included in the final budget
product. Assemblyman Greenwald was also very instrumental in this initiative as
he prime sponsored the bill which added 50 slots a little over a year ago.
·
Acting Governor Codey signed a
law which would increase the age which children must wear helmets while bicycling,
skateboarding and roller-skating from under age 14 to under age 17. The driving
force behind that initiative was Assemblyman John
McKeon.
· This year, law was created which would regulate pocket bikes (or mini motos). These bikes, which are in very close proximity to the ground, ridden by kids and can reach speeds of up to 45 M.P.H., increase the chances of brain injury and death. Senators Coniglio and Turner plus Assemblymen Tucker and Stack led the charge on this initiative.
Finally, CCJ has strongly supported the efforts of both NJ PIRG and the HPAE in their efforts to enact Assembly Bill No. 1077 sponsored by Assemblypersons Joe Cryan and Loretta Weinberg. According to recent reports, lawsuits have been filed in increasing numbers against individuals who speak out to public officials about public issues. Nicknamed "SLAPPS" ("Strategic Lawsuits Against Public Participation") by consumer advocates, these lawsuits are brought for the purpose of ending public debate on the underlying issue. Even though most of the suits are legally baseless and are eventually dismissed by the courts, the defendants often incur substantial expenses, such as court costs and attorney fees, in defending themselves.
A-1077 would attempt to remedy this situation by
providing for prompt judicial assessment of
these actions prior to the defendants incurring substantial legal
fees. The substitute provides that, in accordance with such Court
rules as may be promulgated by the New Jersey Supreme Court, a defendant could
file a motion to dismiss a cause of action arising from the defendant's
valid exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances. All discovery would be stayed pending
a ruling on the motion which would be determined on the pleadings end supporting
affidavits. A prevailing defendant on the motion to dismiss would be entitled to
recover attorney's fees and costs. If the court finds that a motion
to dismiss is frivolous or is solely intended to cause unnecessary delay,
the court could award reasonable attorney's fees and costs to the plaintiff
prevailing on the motion.
CCJ also supported the efforts of one of its Board members, the
Hemophilia Association of New Jersey, in enacting into law S-433 of 1996, a bill
that clarified accrual of cause of action in certain suits by blood product
recipients ( P.L. 1996, c. 23). CCJ
stood by the Association once again in opposing S-763 of 1998 at a May 14, 1998
Senate Commerce Committee hearing. This bill exempts health care organizations that set
standards from legal responsibility for failing to exercise reasonable care.
On September 14, 2000, CCJ stood with the Association as the Governor
signed S-786 which requires managed care plans to contract with providers that
meet certain standards when providing services for hemophiliacs ( P.L. 2000, c.
121).
CCJ is also participating in a campaign launched by
the Health Professionals and Allied Employees (HPAE) and other labor unions
known as “Patients First.” Its
purpose is to put an end to profits before quality care, provide safe care and
safe patients, guarantee care with dignity and promote a patient’s right to
know. Among the first successes was
the enactment of A-3546 of 1999, the “safe needle” device legislation, which
became law on January 4, 2000 (P.L. 1999, c. 311).
This law makes it mandatory for licensed, health care facilities to use
needles and other medical devices that have built-in safety features to prevent
blood-borne pathogen exposures caused by needlesticks.
A second major “Patients First”
initiative was S-2093/A-3303, which passed in the Legislature and was signed by
the Governor on January 2, 2002 as P.L. 2001, c. 300.
This bill prohibits health care facilities from mandating certain hourly
wage employees to perform overtime work. Currently,
CCJ continues to support HPAE’s campaign to enact safe staffing ratios in
hospitals and nursing homes and to
public disclosure by hospitals and nursing homes of certain staffing and quality
of care indicates to the public.
CCJ
and Workers Compensation
A New Jersey Senate Committee heard testimony on
October 26, 1996 on a bill that would make non-compensable under workers
compensation law any occupational disease that is materially exacerbated by
tobacco use. CCJ and two of its
Trustees, the White Lung Association of New Jersey and the New Jersey Advisory
Council on Safety and Health, testified against the bill.
Although the bill was held, it will be brought up again.
CCJ is ready to testify against the bill when it is heard again. In conjunction with one of its trustees, the New Jersey
Advisory Council on Safety and Health, CCJ is supports bills which will improve
the workers’ compensation system and rights of injured workers to recover
compensation for work-related injuries or diseases. Working with the Advisory Council, CCJ was also successful in
the enactment of P.L. 2002, c. 112 on December 11, 2002. This law increased witness fees for plaintiffs in workers’
compensation cases.
CCJ
and the New Jersey Right to Know and Act Coalition
In January of 1996, CCJ joined the New Jersey Right
to Know Coalition. Its purpose is
to insure the right of New Jersey workers and residents to know of the toxic
substances that they may be exposed to. The
Coalition is opposed to any legislative, regulatory or budgetary changes that
weaken the “Worker and Community Right to Know Act of 1983.”
Additionally, the Coalition supports the release of the required number
“Hazardous Substances Fact Sheets” in English and Spanish and their prompt
distribution to public employers when new hazardous chemicals are introduced in
the workplace. Finally, the Coalition is in favor of the appointment of a
Right to Know Advisory Council and strengthening the implementation of the Act.
The Coalition also sponsored a new “Justice for Jobs, Health and the
Environment” campaign to provide additional safeguards to chemical and other
related occupational workers on the job who are caught in the midst of
downsizing. Recently, CCJ has
worked the New Jersey Work Environment Council (WEC) to defeat the New Jersey
Attorney Generals proposed rule to weaken the Open Public Records Act and
cover-up currently public information about toxic dangers.
Finally, CCJ also supported WEC’s efforts to strengthen New Jersey’s
whistle-blower law, the Conscientious Employees Protection Act.
CCJ
and Real Estate Brokers’ Liability
In 1996, CCJ took the lead in opposing S-1474 and
A-2289. Both bills would exempt
real estate brokers from liability for giving homebuyers false information
regarding the condition of a home they sold.
These bills were prompted by an actual case whereby the court stated that
homebuyers were victims of fraudulent practices by real estate agents.
On December 10, 1996, CCJ organized victimized homebuyers into a group
that proceeded to lobby in Trenton and testify against the bills.
Media coverage was extensive, including articles in leading magazines,
newspapers and coverage on ABC’s 20/20 news program.
Although CCJ was successful in stopping movement of these bills, a later
version of the bill was signed into law on April 30, 1999.
However, CCJ was successful in having certain modifications included in
the law which seek to protect homebuyers.
CCJ
and the Professional Engineers Liability
S-617, introduced in the Legislature in 1998,
presented another danger to the safety and lives of workers.
This bill would provide immunity from liability to professional engineers
contrary to the principles of well-established law that the protection of lives
and the safety of workers should always be primary objectives.
CCJ voiced its objections to the sponsor of the bill and the members of
the Senate Commerce Committee on May 14, 1998.
The bill was consequently passed and became law on May 19, 1999, but not
without some modifications supported by CCJ.
CCJ
and Blue Cross/Blue Shield Conversion
On November 7, 1997, CCJ joined with New Jersey
Citizen Action in testifying before an Assembly Committee with regard to efforts
by Blue Cross/Blue Shield to merge with Anthem Insurance Companies, Inc.
Blue Cross planned to convert from a nonprofit insurer to a mutual
benefit corporation as a step toward converting to a for-profit company and
merging with Anthem. The issue was: What
becomes of the estimated $1 billion or more in charitable health care assets
that Blue Cross controls. CCJ
continued to work with Citizen Action and other groups to make sure that the
public reaps the benefits of the estimated $1 billion in charitable health care
assets. The original bills,
S-466/-652 of 1997 were reintroduced in 2000 as S-366/A1439 and signed by the
Governor on November 2, 2000. The
law establishes clear standards and protections for patients and taxpayers when
out-of-state, for-profit companies attempt to take over New Jersey’s community
hospitals. It gives the Attorney
General and the Health Commissioner the tools they need to best evaluate these
transactions.
CCJ
and Environmental Safeguards
CCJ supported ACR-124/SCR-76 of 2000 which
requested that the Department of Environmental Protection’s (DEP) water rules
must be strengthened to cleanup polluted rivers and protect our State’s few
remaining pristine waterways. CCJ
joins with the State’s environmental groups including the Association of New
Jersey Conservation Foundation, American Littoral Society and 30 other groups
which have proposed guides for the DEP to revamp its rules. In July of 2005, CCJ supported the New Jersey Environmental
Federation’s successful effort to secure an Executive Order issued by Governor
Codey that indefinitely delays the implementation of the infamous “fast
track” law. If implemented in its
current form, fast track would weaken critical environmental and public health
standards, allow polluters to write their own permits, limit government access
to the courts and severely curtail public participation in environmental
decision making.
CCJ
and the Regulation of Privatization Contracts
CCJ joined with the CWA (AFL-CIO) in supporting
A-2982, of 2000 a bill to regulate the awarding of privatization contracts by
the State in the amount of $100,000 or more.
CCJ firmly believes that the issue of privatization
is much more than a labor issue. The
community is adversely affected by the privatization of public services and
community support will be absolutely necessary in order to pass legislation to
regulate the contracting process of the State when it moves to privatize a
public service.
Of course privatization poses a labor issue.
In almost all instances of privatized services, workers lose wages, vital
health care benefits and pension security.
This loss doesn’t only affect the individual worker and his/her family.
Poorer families mean poorer communities. In addition, privatization is especially hard on women and
minority workers who make up a disproportionately large share of the public
workforce and threatens to wipe out economic gains only recently secured.
In short, the effect of downgrading workers by subcontracting
(privatizing) cuts negatively throughout the society.
But beyond these important labor and social
issues lie others of direct concern to the public and the taxpaying consumer—
namely, maintaining vital and affordable quality public services under the
control of the public and the taxpayer. In
the 2004-2005 legislative session, CCJ continues to oppose privatization
contracts unless they meet certain criteria.
CCJ
and NJ MADD
CCJ has joined with NJ MADD (a CCJ Board member)
which worked so hard to pass the National .08 BAC law of 2000 that will withhold
federal highway construction funds from states that do not pass .08 BAC.
This was a tremendous victory for MADD and the fight against drunk
driving. The President signed the
bill into law on October 20, 2000.
In basic language, the states have until
October 1, 2003 to pass a .08 BAC per se law that would meet the provisions of
the existing federal .08 BAC incentive grant or they face the withholding of 2%
of their federal highway construction funds.
On October 1, 2004, the states that have not passed a .08 BAC per se law
will lose 4% of their federal highway construction funds.
On October 1, 2005, states without .08 BAC per se laws will lose 6% of
their federal highway construction funds, and on October 1, 2006 and each year
thereafter, states without .08 BAC laws will lose 8% of their federal highway
construction funds.
Finally, on January 20, 2004, P.L. 2003, c. 314 was
enacted to lower the BAC to .08. Lowering
the BAC for legal intoxication is providing an added deterent that protects all
New Jerseyans from impaired drivers. For
the future, CCJ will support MADD’s efforts to press for stronger
enforcement of DWI and
underage drinking laws, as well as the closing of “loopholes” that allow
wrongdoers to escape responsibility for their actions.
Additionally, CCJ will work with MADD to keep the doors of our civil
courts open to all citizens and in demanding individual acountability by calling
for stronger social host and dram shop ordinances and mandatory “keg
registration” in New Jersey.
CCJ’s
First Issues Conference
On October 25, 1995, CCJ held its first issues
conference attended by representatives of some thirty consumer, labor, health,
citizens, women, senior and environmental organizations.
The conference, held at the New Jersey State AARP headquarters in
Princeton, addressed consumer/victim’s rights issues, including managed health
care, manages automobile insurance PIP care, the “Patients Bill of Rights”
legislation, developing an anti-tobacco strategy, opposing legislative efforts
to restrict the rights of victims of recreational sport and leisure activities
to receive just compensation, and fighting proposals to allow the marketing of
insurance to cover punitive damages.
CCJ’s
Second Issues Conference
On November 20, 1996, CCJ held a Tobacco Forum at
the Labor Education Center, Rutgers University, New Brunswick, NJ.
It was guided by New Jersey Gasp, a CCJ trustee, and attended by over 60
individuals including representatives of the New Jersey State Department of
Health and Senior Services. The
purpose of the forum was to bring together interested members of the public and
health experts in an effort to better understand the harmful effects of tobacco,
to appreciate what we are all up against in the tobacco industry and what are
some possible solutions.
The panel consisted of experts in the area of
tobacco: Senator Jack Sinagra,
Chairman of the New Jersey State Senate Health Committee and the prime sponsor
of tobacco control legislation; John Slade, M.D., St. Peter’s Hospital, New
Brunswick, NJ and UMBNJ; Neil Upmeyer, Editor, New Jersey Reporter;
Richard Daynard, Ph.D, Northeastern University School of Law; and John William
Richards, Jr., M.D., FAAFP, Evans, Georgia.
CCJ’s
Third Issues Conference
On January 24, 2001, CCJ held a Health Care
Legislative Briefing/Forum, (B/F) entitled “Promoting the Quality of Health
Care and the Rights of Victims in New Jersey”, at the Labor Education Center,
Rutgers University, New Brunswick, NJ. The
purpose of the B/F was to bring together supporters of health care
accountability with invited legislative leaders and press to promote this
initiative and other key healthcare legislative initiatives as adopted by
the Board. This is consistent with
the Statement of Purpose of CCJ, i.e., “to promote the interests of New
Jersey’s consumers through fair and equal access to the civil justice system
and government and to protect consumers from proposals which deny victims their
just remedies that often result when private industry places profits before the
health and safety of the public and threatens the integrity of the democratic
process.”
Six key legislative issues (either already
pending in the New Jersey State Legislature or under consideration by a CCJ
trustee) were discussed at the B/F under the heading of “Promoting the Quality
of Health Care and the Rights of Victims in New Jersey”.
CCJ trustee organizations and members as well
as other organizations and individuals with a similar interest in the proposed
agenda were invited. Additionally,
legislative leaders, sponsors of related legislation, key legislative committee
members and targeted press will be invited to attend.
CCJ
and US Congressional Scorecards and Questionnaire
and
the New Jersey Legislative Scorecards
On October 8, 1996, CCJ held a press conference to
release the CCJ New Jersey Congressional Report Card. The purpose of the Report Card was to give consumers and CCJ
member organizations the information they needed to make informed decisions
regarding the upcoming New Jersey congressional elections. CCJ members selected 18 federal bills that they believed were
representative of the goals of CCJ. Those
goals are to preserve access to the courts for everyday citizens; and to promote
and protect the public health. Based
on how each of the 12 New Jersey Congressmen and one Congresswoman voted, they
were rated.
In addition to the Report Card, CCJ issued a
New Jersey Congressional and US Senate questionnaire to the candidates for New
Jersey’s 13 Congressional seats and one US Senate seat.
The responses to the questionnaire were made available to CCJ members for
their use. On October 7, 1997, CCJ
issued a scorecard rating the best and worst consumer/victim oriented
legislators in time for the November, 1997 New Jersey legislative elections.
On October 28, 1998, CCJ held its second press conference to release the
second CCJ NJ Congressional Report Card. Based
on how each of the 12 New Jersey Congressmen and women voted on six long
consumer-related federal bills, they were rated.
In October, 1999, a scorecard rating legislators for the November, 1999
New Jersey legislative elections was issued.
A third CCJ NJ Congressional Report Card was issued in October, 2000.
Elected officials should understand that consumers are watching and that
their votes will be duly noted. Through
these activities, CCJ hopes that election officials will adopt a more consumer
approach to legislation. For the
November, 2001 State legislative and gubernatorial elections, CCJ issued an
exhaustive questionnaire to which it received substantial responses to those
issues of concern to CCJ member organizations.
During the 2002-2003 legislative session and under a new administration,
elected officials once again were
made aware of consumer concerns.
Finally, in October 22, 2004 CCJ released a
report on its 2004 Congressional questionnaire.
CCJ
and Federal Product Liability Legislation
CCJ has worked with Public Citizen Action and other
national consumer organizations to defeat federal legislation that would shut
down access to the courts in the event a consumer is wrongfully injured by a
defective or dangerous product. CCJ
believes that if such legislation were to become law, corporations that
recklessly makes these products would go unchecked. CCJ stood outside the federal courthouse in Camden on April
13, 1998 with other concerned parties in protest of US Senate Bill 648, better
known as the “Federal Product Liability Reform Act of 1997”.
CCJ’s members also engaged in a letter writing campaign to the New
Jersey congressional delegation and its two US Senators in opposition to S-648.
CCJ is also aware that this battle is not over.
Big business will continue to attempt to shed itself of accountability
for their products when consumers are injured or killed.
For this reason, through its contacts with national consumer
organizations, CCJ will continue to remain vigilant.
CCJ
and State Product Liability Legislation
On November 19, 2001, Consumers for Civil Justice
joined with the State AFL-CIO and NJ ATLA in opposing Senate No. 2649 in the
Senate Commerce Committee. The bill
was held. It would modify the
current law concerning a product seller’s liability for product liability by
providing that a product seller is immune from any product liability suit based
upon strict liability in tort or breach of implied warranty of merchantability
unless the product seller exercised same significant control over the design,
manufacture, packaging or labeling of the product relative to the alleged defect
in the product which caused the damage, or created the defect in the product
which caused the damage.
CCJ
and the Congressional “Fairness in Asbestos Injury Resolution Act of 2005
(S-852)
CCJ has worked with the NJ State AFL-CIO and other
consumer organizations (NJ Citizen Action, NJ PIRG and NJ Work Environmental
Council) to oppose S-852. CCJ
members sent letters, made telephone calls to, and scheduled personal visits
with, members of the New Jersey congressional delegation and its tow US
Senators. The efforts of all
concerned parties has resulted in the act being held to date. This act is anything but fair.
It attempts to resolve asbestos cases by taking away the rights of
asbestos victims nationwide. If
this draconian legislation becomes law, tens of thousands of American citizens
devastated in injury and mortality by the ravages of asbestos will lose their
right to compensation through the civil justice system. They will even lose all
the settlements industry has already agreed to pay.
New Jersey is home to the greatest number of
asbestos manufacturing companies per capita in the US.
As a result, New Jersey has one of the highest asbestos-related injury
rates in the nation. In light of this fact, it would be appalling that any New
Jersey elected official would sponsor or support legislation to destroy so many
New Jerseyan’s rights to seek restitution for their suffering.
In recognition of the severity of the suffering of affected workers, this
State’s courts have made asbestos cases a priority, and have succeeded in
efficient resolution of claims. Most
New Jersey cases settle or are otherwise resolved in two years; most victims
receive their first payment within one year.
The courts are not suffering the backlog of cases alleged by asbestos
defendants. In fact, asbestos
trials have decreased by 45% since 1997. There
is simply no justification for this attack on asbestos victims.
CCJ
and New Jersey’s Wrongful Death Act
Wrongful death statutes establish a cause of action
for the wrong done to an individual’s beneficiaries when that individual dies
as the result of the wrongful conduct of another person.
Under present law in a wrongful death action damages are recoverable for
pecuniary loss. Proposed reforms
would expand the type of damages for which one may bring suit to include loss of
society, companionship, comfort, protection, marital care, parental care, filial
care, attention, advice, counsel, training, guidance or education.
Also, damages in wrongful death actions may be brought for loss of a
special relationship between and among spouses, parents, children and siblings.
Loss of companionship may include consideration of mental anguish and
emotional pain and suffering only in the case of a surviving spouse, child,
parent or in the alternative, surviving siblings.
In the case of a minor child, loss of pecuniary investment by a parent
would also be recoverable.
At the end of the 2001 legislative session,
CCJ and other groups supportive of expanding the rights of victims of wrongful
deaths were able to win release of A-3782.
Its Senate counterpart, S-250 was stalled in the Senate Judiciary
Committee. In the 2002-2003
legislative session A-1509/S-667 remained a top CCJ priority but was stalled.
CCJ
and the Coalition Against Bigger Trucks
In conjunction with the Brain Injury Association of
New Jersey, CCJ initiated a campaign aimed at the New Jersey Congressional
delegation and its two US Senators to prohibit any expansion of double and
triple trailer trucks and prevent any weight increases on single tractor trailer
trucks beyond the current limit of 80,000 pounds.
Specifically, CCJ supports HCR-306.
This resolution is not a transportation issue:
it is a public health issue.
Motor vehicle crashes are the leading cause
of brain injury, both nationwide and in New Jersey. We must oppose any change in trucking law that would make our
high motor vehicle crash fatality an injury rates even higher.
According to a US Department of
Transportation study, longer combination vehicles (LCVs) are likely to have
fatal accident involvement rates at least 11% higher than single tractor
trailers;
According to the University of Michigan
Transportation Research Institute, there is a strong statistical link between
higher weights and a greater risk of fatalities. As weights increase from 65,000 to 80,000 pounds, the risk of
an accident involving a fatality goes up 50%; and
For every one motor vehicle crash fatality,
there are many more traumatic brain injuries (TBI), and as fatalities increase,
brain injuries increase even more. In
addition to the hardships imposed on the person with the brain injury and his or
her family, keep in mind that TBI already costs the nation more than $25
billion annually, a number that is already far too high.
CCJ
and Childhood Lead Poisoning
Under the leadership of NJ Citizen Action and CLPER,
two CCJ member organizations, childhood lead poisoning continues be a top
priority. Childhood lead poisoning
is the number one childhood tragedy in New Jersey. A comprehensive approach, including a substantial increase in
the percentage of Medicaid enrolled children being screened for lead poisoning
in New Jersey, is required to deal with serious problems.
CCJ
and Medical Malpractice
In what amounted to a repeat of the tort reform
battles of 1994 to limit the rights of innocent victims to receive full and fair
compensation for personally injuries wrongfully sustained, the Medical Society
of New Jersey and the few insurers who write medical malpractice coverage in the
State developed legislative
proposals to cap malpractice suits and enact other limitations.
On March 14, 2002 Dennis Donnelly, Esq., Counsel to CCJ and Peter Guzzo,
CCJ’s Executive Director and Legislative Agent testified at a New Jersey
Senate Health, Human Services and Senior Citizens hearing on the affordability
and availability of medical malpractice insurance for physicians practicing in
New Jersey. This began a two-year
battle to protect the rights of victims of medical malpractice errors. During the 2004-2005 legislative session CCJ continued to
oppose restrictions in the rights of medical malpractice victims.
CCJ stands firm against any assaults on
victims rights and holds firm to the proposition that today, as in the past,
insurers have been driven more by the amount of premiums they could look for
investments rather than the adequacy of premiums to pay losses. When the stock market takes a downturn, as recently happened,
insurers look to recoup losses by limiting legitimate recoveries of innocent
victims. In fact, a recent 2002
report entitled “Premium Deceit: The
Failure of ‘Tort Reform’ to Cut Insurance Prices,” issued by the Center
for Justice & Democracy, concluded that “there is no evidence that
general, across-the-board ‘tort reform’ has lowered insurance rates/loss
costs. The impact of tort limits
enacted in medical malpractice cases is inconsistent and inconclusive.”
Fortunately, the efforts of CCJ and its
allies in this battle, especially NJ-AARP, NJ Citizen Action and NJ PIRG, as
well as the newest members of CCJ, Physicians & Patients for Quality Care (PPQC)
and Voices for Patient Protection, has resulted in the defeat of legislation to
cap awards for non-economic damages. This
has proved to be one of the great victories of this 2004-2005 legislative
session for victims’ rights. In
addition, CCJ continues to oppose federal legisalation to cap the malpractice
suits.
Victims
Rights Summit to Protect President Bush’s Assault on the Rights of Injured
Americans
A
Victims Rights Summit was held on
Tuesday, February 15, 2005. The
Summit was organized by consumer and victims rights organizations that
are committed to protecting the rights
of consumers and victims in the face of the Bush Administration's drive to
appease big business and corporate interests by
pushing legislation through Congress that
would limit the rights of victims of medical malpractice, asbestos
related injuries and pharmaceutical drugs or medical devices that turn out to be
harmful.
Attendees included, among others, representatives of Consumers for Civil Justice, the Sheet Metal Workers Local Union 27 (AFL-CIO), NJ PIRG, NJ Citizen Action, Voices for Patient Protection, NJ Hemophilia Association, MADD, CWA-District 1, NJ Environmental Federation, Sierra Club of New Jersey and the NJ AARP. Speakers included representatives from several of these organizations as well as victims of medical malpractice, asbestos related injuries and pharmaceutical drugs or medical devices. The entire New Jersey Congressional Delegation and New Jersey's two U.S. Senators were invited to attend or to send representatives as well as legislators from the New Jersey State Senate and the New Jersey General Assembly.
The theme of the Summit was the most critical function of preserving the rights of victims to have access to the courts is to make society safer. The participants in this event believed that the Seventh Amendment right of the U.S. Constitution for victims to have access to the courts is to deter culpable manufacturers, polluters, hospitals and other entities from repeating their negligent behavior or misconduct and give them the proper economic incentive to become safer and more responsible. One need only point to a few examples, such as the recall of the 1971 through 1976 Ford Pintos for fuel system modification, the ban of the synthetic estrogen called DES in 1971 and the harm caused to women using the Dalkon Shield IUD which would never have been dealt with by the manufacturer without its growing concern with the rising tide of punitive damages claims against the company. By the same token when disputes are resolved outside the courts and without a public record, wrongdoers can prolong misconduct and suppress for years information about dangerous products and practices. Lawsuits are often the only means for the public and government regulators to learn about dangerous products, drugs, environmental hazards and unsafe practices.
The proceedings of the summit were broadcast live over the internet and remain available on the CCJ website.
CCJ
and AARP’s Consumer Agenda
Taking the lead from AARP, CCJ continues support to
AARP’s key legislative issues.
CCJ supported the passage of A-727/S-153, a
proposal to create a statewide do-not-call list.
Under penalties up to $20,000, the bill would prohibit businesses from
making sales calls to anyone that signs up on a do-not-call list, even if the
business had an existing relationship with the customer.
A-727/S-153 was signed into law on May 21, 2003 by Governor James E.
McGreevey. The law is considered to
be the strongest in the nation.
CCJ also supported the passage of A-75/S-198,
a proposal to crack down on unscrupulous predatory lending practices.
The bill would establish a number of new consumer lending protections
while protecting legitimate lending interests.
A-75/S-198 was signed into law on May 1, 2003 by Governor James E.
McGreevey and is already a national model.
During the 2004-2005 legislative session CCJ
has supported NJ AARP’s efforts in the following areas:
Public
Advocate
CCJ and its member
organizations were prime suporters of restoring the Department of the Public
Advocate as the chief consumer protection and advocacy unit for everyday New
Jerseyans. Sponsored by Assemblyman
Wilfredo Carabello, Assembly Bill No. 1424 was signed by the Governor on July
12, 2005 as P.L. 2005, c. 155 and takes effect on January 17, 2006.
Seven divisions, each with a specific area of advocacy expertise, will be
established within the department:
·
Administration
will be responsible for carrying out the daily administrative and
operational duties of the department;
·
Citizen Relations will be
responsible for receiving, forwarding and investigating all citizen complaints
relating to the administrative action or inaction of any state agency;
· Rate Counsel will be responsible for oversight of utility and insurance rates and charges, federal issues and for protecting the public interest in all matters relating to utility and insurance rates;
·
Mental Health Advocacy will advocate
for persons with mental illness, receive and respond to complaints, and
represent the interests of eligible indigent mental hospital patients in
disputes and litigation, based upon need;
·
Advocacy for the Developmentally Disabled will advocate or persons
with developmental disabilities, receive and
respond to complaints, and provide legal representation to protect and advocate
the rights of eligible developmentally disabled persons, based upon need;
·
Elder
Advocacy will protect the interests of the elderly, and investigate and
study issues concerning the elderly. It will include an Ombudsman for the
Institutional Elderly, an existing position currently in, but not of, the
Department of Community Affairs.
·
Public Interest Advocacy will be
responsible for representing the public interest in all matters currently not
under the jurisdiction of any of the other divisions.
Charitable
Immunity
CCJ
has been supportive of Senate Bill No. 540, sponsored by Senator Joe Vitale, and
Assembly Bill No. 2512, sponsored by Assemblyman Neil Cohen.
These bills would retroactively abolish immunity for churches, private
schools and other charities that carelessly hire child molesters.
The bills would carve out an exception to a 1958 law that shields New
Jersey charities from being sued by
people receiving their services. It
also would effectively overturn a 1984 ruling by the State Supreme Court that
charitable immunity blocks a lawsuit against
a church that employed a child abuser.
CCJ
in the Future
In the upcoming 2006-2007 legislative session, CCJ
will continue to monitor and testify on issues that are of vital concern to its
trustees, members, victims and consumers of New Jersey.
Any legislation that limits the benefits and liability of wrongdoers at
the expense of innocent victims of negligent actions will be opposed.
The safety and rights of all New Jersey residents remains the objective
of CCJ and its member organizations.
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