Today, we take the next step along the continuum of tort

reform which began more than 30 years ago continuing

through the medical liability reforms implemented in October

2008. Previously, we focused on access to affordable health

care and which changes could lower hidden costs, to eliminate

the hidden tax imposed on all Tennesseans by increasing costs

and the judicial process itself.

The Civil Justice Act of 2011 opens a new chapter on the

continuum of reform. Economic development is no longer

only a local or regional concern. The competition is global so

it is important to be competitive with all 50 states, 30 of which

have adopted caps to some degree. And though the Act

includes caps on some damages, the Act is about much more.

We believe it is about cost-effective access to justice in a rapidly changing world where the uncertainties of life command that we quantify risk in such a way as to strengthen the judicial

system and our state as a whole. We do not legislate by

anecdote, nor should we litigate by ambush. Robert Frost said,

“A jury consists of 12 persons chosen to decide who has the

better lawyer.” We do not wish to see the legal profession held

in such low esteem.

Thus, one of the objectives of the Tennessee Civil Justice

Act of 2011 is to make Tennessee more competitive with other

states for the best jobs by providing predictability, to, and

quantifying the risks of, employers, while also providing

adequate compensation to injured plaintiffs. As of February

2011, Tennessee’s unemployment rate was 9.6%, the same that

it was two years ago despite the Federal Government’s attempt

to create jobs with approximately $800 million in stimulus

funds.i The unemployment rates of various Tennessee counties

underscore the dire employment situation: Scott County –

23.2%; Pickett County – 18.5%; Marshall County – 16%;

Cocke County – 15.9%; Lauderdale County – 15.8%; Lewis

County – 15.5%; Johnson County – 15.2%; Perry County –

15%; Haywood County – 15%; Henderson County 15%.ii

In fact, unemployment is greater than 10% in 75 of Tennessee’s

95 counties.iii When the Goodyear plant closes, Lake and

Obion counties will lose over 1900 additional jobs.