Scott Renfroe

Principled Conservative Leadership

 
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Business Growth

Senator Renfroe believes that the best way to guarantee prosperity for Colorado is by cutting the taxes and regulations that slow business down. He supports free-market policies and hopes to pass the Right to Work Act in Colorado.

sponsor, SB 09-137: Enforce the Payment of Debts for Contractors
sponsor, SB 07-201: Workers' Compensation Act of Colorado

SB-117 is "payoff to trial lawyers," says Sen. Renfroe

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Colorado Senate News
14 February 2007

The Senate Judiciary committee today passed a bill that recklessly encourages unfounded lawsuits, critics charge. Senate Bill 117, authored by Sen. Bob Bacon, D-Fort Collins, passed the committee on a 4-3 party-line vote.

“This bill is a gratuitous payoff to trial lawyers,” said Sen. Scott Renfroe, R-Greeley, a member of the Judiciary Committee. “I have to wonder if Gov. (Bill) Ritter has agreed to sign this, or if this is another example of the Democrat majority being so far left on economic issues that their own governor doesn’t even support them.”

At issue in the bill is Colorado’s unfair employment practices statute. Current law states that in such lawsuits, the losing party is forced to pay the legal costs of the victor, regardless of who wins. Bacon’s SB-117 would eliminate that “loser-pays” provision for the plaintiff, so that if the plaintiff loses they are on the hook for only their own attorney’s fees.

The bill does not change an employer’s liability for paying the plaintiff’s legal costs, if the employer loses the case.

“What this does it to shield [low-income plaintiffs] from having to pay those costs,” said Bacon. “In the U.S., justice is more assured if you have money.”

Critics of the bill argue that the current system is fair, since it gives no preference to either party in the lawsuit. The proposed system would leave in place an incentive for employers to not fight claims, but removes an incentive against employees filing frivolous claims, they said.

“The loser-pays system discourages employees from filing claims that they know are unfounded, and it discourages employers from fighting claims they know they can’t beat,” said Jeff Weist, director of the Colorado Civil Justice League, a tort reform advocacy group. “It provides the right balance for a fair legal system.”

“It is an even-handed, unbiased system of justice,” Renfroe added. “Putting a biased system in place will only lead to more lawsuits, more frivolous claims, and more money in the pockets of trial lawyers.”

 

 

Dems push through bill favored by trial lawyers, rebuff bid to level playing field

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Colorado Senate News
4 February 2008

A measure that has been dubbed the “Leave No Trial Lawyer Behind” bill passed the Senate this morning with majority Democrat support--over objections it would stoke litigation at the expense of business.

House Bill 1020, sponsored by Democrats Alice Madden in the House and Jennifer Veiga in the Senate, would make sweeping changes to the litigation system in Colorado to favor plaintiffs in lawsuits. While some legal observers say the bill upends a level playing field, the Colorado Trial Lawyers Association lobbied for the bill and testified in support of it in committee. 

In an attempt to level the playing field once more, Sen. Josh Penry, R-Grand Junction, offered an amendment to give defendants a chance to provide a more accurate settlement offer by requiring of plaintiffs a full accounting of the costs they incurred.  However, the amendment failed when the majority Democrats voted it down.

“Why are we skewing the system on behalf of the plaintiffs?” said Penry. “My amendment would have balanced the legal system by giving defendants the information necessary to make a reasonable settlement offer. What are plaintiff lawyers trying to hide?”

Under the current system, plaintiffs who reject a reasonable settlement offer must pay the costs defendants accrued after an offer was made.  The aim of the current law is to encourage litigants to settle their lawsuit before the case goes to trial. 

The pending legislation would allow plaintiffs to recover their costs when they win even if the injury was negligible and judgment was for $1.

Business groups opposed the bill, saying it discourages plaintiffs from settling cases.  The Colorado Association of Commerce and Industry, the Colorado Civil Justice League, the Northern Colorado Legislative Alliance, which represents the Fort Collins, Greeley, and Loveland chambers of commerce, and the National Federation of Independent Businesses all have opposed the legislation. 

Given that Colorado legal climate for businesses declined from No. 8 among the states in 2006 to No. 21 in 2007--according to a study by the U.S. Chamber of Commerce --Republicans are saying the bill would have a chilling effect on businesses currently in Colorado and businesses that want to move here.

“I can’t understand why Democrats are willing to sacrifice businesses that create job growth in favor of trial lawyers,” said Republican Sen. Scott Renfroe of Eaton who sits on the Senate Judiciary Committee.

Republicans say Democrats are fast-tracking HB 1020 for the governor’s signature.  It may be scheduled for a final vote this week.

 

 

 





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