1/7/2009
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To trial lawyers, especially those involved in the tobacco litigation, Mr. Bush has become their worst nightmare. He has made attacks on lawyers a campaign centerpiece, pointing with pride to his record in Texas of curbing civil litigation, capping legal fees and limiting jury awards.
And money is what it is all about. When it comes to political action, corporate America was the pioneer in spending money on campaigns, said Stanley M. Chesley, a Cincinnati lawyer whose firm gave the Democrats $122,500. They make trial lawyers look like Mickey Mouse. So trial lawyers are attempting not only to catch up, but to be a copy cat. If Bush can raise $70 million, the question is, How can you compete? And there is only one way and that is to raise that kind of money.
To that end, while trial lawyers have long been heavy Democratic Party donors, the prospect of a Bush candidacy, along with the possibility that like-minded Republicans would retain control of Congress, has ratcheted up the stakes, and the donations.
Still, while trial lawyers have been focused mainly on one issue, defeating tort reform and Mr. Bush, corporate America has been donating to Republicans to advance any number of business issues. Big business donors like the Chamber of Commerce, the National Association of Manufacturers and many large corporations gave to Republicans for many reasons, tort reform being only one.
If you had Bush in the White House and a Republican House, bingo, tort reform would go to the top of the agenda, Mr. Makinson said. And the tobacco settlement has been the pot of gold that has enabled trial lawyers to suddenly have lots of capital behind them.
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