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From: "[log in to unmask]" <[log in to unmask]> 10/28/03
10:57AM >>>
FYI....some people are "dead set" on trying to take our RIGHTS away
!!!!!
-----Original Message-----
From: Ybarra, Jose [mailto:[log in to unmask]]
Subject: FW: Re: NAACP Action Alert - Opposition to S. 274
Fwd: Re: NAACP Action Alert - Opposition to S. 274
From: "Rudy Arredondo" <[log in to unmask]>
Subject: Re: NAACP Action Alert - Opposition to S. 274
Date: Sun, 26 Oct 2003 21:11:26 +0000
Washington Bureau - NAACP
National Association for the Advancement of Colored People
1025 Vermont Avenue, N.W., Suite 1120
Washington, D.C. 20005
(202) 638-2269 Fax (202) 638-5936
ACTION ALERT
DATE: October 21, 2003
TO: NAACP Board Members
NAACP State Conference Presidents
NAACP Branch Presidents
NAACP Youth Council Presidents
NAACP College Chapter Presidents
NAACP Political Action Chairs
NAACP Regional Directors
FROM: Kweisi Mfume, President and CEO
Hilary O. Shelton, Director, Washington Bureau
RE: NAACP OPPOSES BILL TO PREVENT CIVIL RIGHTS
CLASS ACTION LAWSUITS
The Issue:
ON JUNE 12, 2003, THE U.S. HOUSE OF REPRESENTATIVES PASSED LEGISLATION,
H.R. 1115, WHICH WOULD
SUBSTANTIALLY LIMIT THE ABILITY OF GROUPS LIKE THE NAACP TO FILE CLASS
ACTION
LAWSUITS. THE LEGISLATION IS NOW PENDING BEFORE THE US SENATE.
Organizations have historically used class action lawsuits to enforce
of our nation's civil rights
and voting rights laws. They are often the only means by which
individuals can challenge and
obtain relief from systemic discrimination. Indeed, federal class
action lawsuits were designed to
accommodate, and have served as a primary vehicle for, civil rights
litigation seeking broad
equitable relief for entire groups of people.
H.R. 1115 and S. 274 the so-called "Class Action Fairness Act of 2003,"
would remove most state law class action cases and send them directly
into federal court; clog the
federal courts with state law cases and make it extremely difficult to
have federal civil rights
cases heard; deter people from bringing class actions; and impose
barriers and burdens on
settlement of class actions. The pending legislation would also
discourage people from bringing
class actions by prohibiting settlements that provide named
plaintiffs full relief for their claims and would impose new,
burdensome delay tactics for all
class actions by automatically allowing a defendant to appeal any class
certification in federal
court and staying all the
proceedings while the appeal is pending. H.R. 1115 passed the US House
on June 12, 2003, by a
margin of 253 yeas to 170 nays.
In short, the impact of this legislation will be profound, and will
result in new and substantial
limitations on access to the courts for victims of discrimination.
Given that the courts have
historically been the course of the last resort for many of our civil
rights battles over the
years, this would result in a significant set back for our struggle.
THE ACTION We Need You To Take:
* Contact both your Senators and URGE THEM TO OPPOSE S. 274.
To contact your Senators you may:
- Make a Phone Call:
Call your Senators in Washington by dialing the Capitol Switchboard and
asking to be transferred to
your Senators' offices. The switchboard phone number is (202) 224-3121
(see message section,
below).
- Write a Letter
To write letters to your Senators, send them to:
The Honorable (name of Senator)
U.S. Senate
Washington, D.C. 20510
- Send a Fax
If you would like to send a fax, call your Senators' offices (through
the Capitol switchboard) and
ask for their fax numbers (you can use either the attached sample
letter or the message box,
below).
- Send an E-Mail
To send an e-mail to your Senators, simply go to www.senate.gov, and
click on "Contacting the
Senate"; you can look your Senators up either alphabetically or by
state. Unfortunately, not all
Members of Congress have e-mail addresses.
REMEMBER TO CONTACT BOTH YOUR SENATORS !
The Message:
* Class action law suits have historically been the course of the last
resort for many of our civil
rights and voting rights battles over the years, the proposed
legislation would result in a
significant set back
for our struggle for civil rights.
* Class Action lawsuits are often the only means by which individuals
can challenge and obtain
relief from systemic discrimination
* By extending the federal jurisdiction to most state class actions as
the legislation proposes, we
would be overloading federal courts and delaying the resolution of all
cases in federal court,
including a majority of civil rights claims.
* Overall, the proposed legislation would not only discourage groups
and individuals from seeking
legal redress from discrimination, but it would also blatantly hinder
the pursuit of justice.
SAMPLE LETTER:
(date)
The Honorable ___________________________
United States Senate
Washington, D.C. 20510
RE: OPPOSE S. 274, CLASS ACTION LAWSUIT LEGISLATION
Dear Senator ___________________________________;
I urge you, in the strongest terms possible, to oppose S. 274, the
so-called "Class Action Fairness
Act of 2003", legislation that would substantially alter the
constitutional distribution of
judicial power and have a severely negative impact on the struggle for
civil rights in this
country.
Class action lawsuits are essential to the enforcement of our nation's
civil rights and voting
rights laws. They are often the only means by which individuals can
challenge and obtain relief
from systemic discrimination.
Indeed, federal class actions were designed to accommodate, and have
served as a primary vehicle
for, civil rights litigation seeking broad equitable relief.
The proposed legislation, if enacted, would remove most state law class
actions into federal court;
clog the federal courts with state law cases and make it more difficult
to have federal civil
rights cases heard; deter people from bringing class actions; and
impose barriers and burdens on
settlement of class actions. The pending legislation would also
discourage people from bringing
class actions by prohibiting settlements that provide named plaintiffs
full relief for their claims
and would impose new, burdensome delay tactics for all class actions by
automatically allowing a
defendant to appeal any class certification in federal court and
staying all the proceedings while
the appeal is pending.
I urge you again, in the strongest terms possible, to oppose S. 274 the
so-called "Class Action
Fairness Act of 2003" if and when it comes before you. If enacted, its
impact would be profound,
and it would result in new and substantial limitations on access to the
courts for victims of
discrimination.
Thank you for listening to my concerns; I hope that you will agree with
me. Please contact me in
the very near future to let me know what you intend to do about this
bill and what I can do to
preserve the ability to fight for our rights in a court of law.
Sincerely,
(sign and print your name and
remember to include your address)
~~~end~~~
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