Koch Industries Sponsored American Tort Reform Association As Early As 2004

Koch Industries Was A Member Of The American Tort Reform Association. According to the American Tort Reform Association Website, Koch Industries was a listed member. [ATRA.org, accessed 3/18/15]

2006: Koch Industries Was A Member Of The American Tort Reform Association. According to the American Tort Reform Association Website via archive.org, Koch Industries was a listed member. [ATRA.org via archive.org, 11/29/06]

2004: Koch Industries Was A Member Of The American Tort Reform Association. According to the American Tort Reform Association Website via archive.org, Koch Industries was a listed member. [ATRA.org via archive.org, 8/5/04]

2006: ATRA’s “Links To Other Civil Justice Reform Websites” Linked To Koch-Connected Sites, Including The Federalist Society, The Washington Legal Foundation, Citizens For A Sound Economy, And The Rand Institute. According to the American Tort Reform Association website, “Links to Other Civil Justice Reform Websites Other Organizations With Information on Civil Justice Reform Contact these organizations for more information about liability reforms. […] Citizens for a Sound Economy Conservative Grassroots Organization of Citizen Activists Fighting for Tort Reform. […] The Federalist Society Conservative/Libertarian Organization of Attorneys Concerned About the Legal System. The Rand Institute for Civil Justice An Affiliated Think Tank of the RAND Corporation. […] Washington Legal Foundation Defending and Promoting Free Enterprise and Individual Rights Through The Legal System.” [ATRA.org via archive.org, 10/9/04]

2006: Members Of The Lawsuit Abuse Reform Coalition Included ALEC, ATRA, Florida Justice Reform Institute, Kansas Chamber Of Commerce, National Association Of Chemical Distributors, National Federation Of Independent Business. According to the website of the Lawsuit Abuse Reform Coalition, ALEC, ATRA, Florida Justice Reform Institute, the Kansas Chamber Of Commerce, the National Association Of Chemical Distributors, the National Federation Of Independent Business, the National Industrial Sand Association, and Small Business And Entrepreneurship Council were coalition members as of March 22, 2006. [lawsuitabusereform.org via archive.org, 3/22/06]

• American Tort Reform Association Served “As Executive Secretariat for LARC.” According to LARC: “ The American Tort Reform Association serves as the Executive Secretariat for LARC.” [lawsuitabusereform.org via archive.org, 10/1/2006]

American Tort Reform Association Founded State Affiliate Group Florida Justice Reform Institute; hired Top Bush Staffer as Executive Director

ATRA 2006 990 Tax Document: “ATRA Accomplishes Its Legislative Agenda By Working With State Tort Reform Coalitions.” According to the American Tort Reform Association’s 2006 990 form, “Description of Program Service One: To enhance the fairness, efficiency, and predictability of the tort reform system through public education and legislative enactments. ATRA accomplishes its legislative agenda by working with state tort reform coalitions. It is a clearing-house of information from approximately 40 state tort reform coalitions. Each fall, ATRA hosts a planning conference at which coalition leaders meet to discuss past successes and future strategies. ATRA also prepares educational materials which carry its message directly to the public. ATRA has developed a communications ‘tool-kit’ for use by local grassroots coalitions interested in fighting lawsuit abuse. Each June and December, ATRA publishes ‘The Tort Reform Record’ to record the accomplishments of the latest legislative year. It includes a two-page, state-by-state summary of the ATRA supported reforms enacted by the states since 1986.” [ATRA 990 via Citizen Audit, 2006]

2004: ATRA Named George Meros As A “Legal Reform Champion.” According to the American Tort Reform Association’s website, “George N. Meros, Jr.. has dedicated the greater part of his legal career to promoting common-sense reforms in the civil justice system. A partner with Gray Robinson P.A. in its Tallahassee office, George served as Special Counsel to Florida’s business community in passage of the 1999 Tort Reform Act, one of the most progressive reform measures in the country. He remains the business community’s lead counsel in constitutional challenges to the 1999 Act. George played a central role in passage of Florida’s 2003 Medical Malpractice Act and the Worker’s Compensation Reform Act. He also drafted the Personal Responsibility in Food Consumption Act that was introduced in the 108th Congress. A frequent guest lecturer and author on legal reform issues, George practices constitutional and regulatory law at the trial and appellate level. He is a graduate of the University of Virginia School of Law.” [ATRA.org via archive.org, 8/5/04]

• 2006: Meros, A Registered Lobbyist Representing ATRA, Spoke At A Meeting Of The Florida House Of Representatives’ Justice Council In Favor Of Eliminating Joint And Several Liability. According to records from the Florida House of Representatives, George Meros, Representing the American Tort Reform Association as a Registered Lobbyist, spoke at the February 22, 2006 meeting of the Justice Council as a proponent of repealing joint and several liability. [Florida House, 2/22/06]

• 2006: Meros Lobbied to the Florida House Judiciary Committee in favor of HB 145. According to records from the Florida House of Representatives, George Meros lobbied as a proponent of HB 145 at the January 25, 2006 meeting of the Judiciary Committee. [Florida House, 1/25/06]

Florida Justice Reform Institute –State Affiliate of American Tort Reform Association

The Florida Justice Reform Institute Was A Listed Tort Reform Coalition Member And Ally Of ATRA. According to American Tort Reform Association, State Tort Reform Coalitions and Allies included Florida Justice Reform Coalition. [ATRA.org, accessed 3/18/15]

Bush Spoke at 2006 Rally for Florida Justice Reform Institute

Gov. Jeb Bush Spoke At A 2006 Rally For The Florida Justice Reform Institute. According to a video from the Florida Justice Reform Institute via archive.org, Gov. Jeb Bush delivered a speech at a rally of the Florida Justice Reform Institute. [Florida Justice Reform Institute via archive.org, 6/23/06]

• Bush: “With Customers Communicating Through Their Lawyers Instead Of Directly With The Businesses They Frequent, We Create A Society…That Is Not Fair.” According to a video of a speech by Gov. Jeb Bush from the Florida Justice Reform Institute via archive.org, “With customers communicating through their lawyers instead of directly with the businesses they frequent, we create a society that is not just, that is not fair. It’s time for us to change the rules of engagement in this to go back to a more civil society.” [Gov. Jeb Bush – Florida Justice Reform Institute via archive.org, 6/23/06]

• Bush: “As You All Know I’ve Been A Pretty Stalwart Supporter Of Tort Reform, I’m For All Of It To Be Honest With You.” According to a video of a speech by Gov. Jeb Bush from the Florida Justice Reform Institute via archive.org, “With customers communicating through their lawyers instead of directly with the businesses they frequent, we create a society that is not just, that is not fair. It’s time for us to change the rules of engagement in this to go back to a more civil society. We all agree that our laws need to change. As you all know I’ve been a pretty stalwart supporter of tort reform, I’m for all of it to be honest with you.” [Gov. Jeb Bush – Florida Justice Reform Institute via archive.org, 6/23/06]

Bush’s Deputy Chief of Staff Emailed With Bush to Get Governor’s Permission to Leave Before He Accepted Job As Executive Director of Florida Justice Reform Institute

Deputy Chief of Staff William Large Emailed Bush To Inform Him That He Had Been Offered The Position As Director Of The Florida Justice Reform Institute But He Would “Not Take The Job Without” Bush’s Blessing. According to an email from William Large to Gov. Jeb Bush on August 7, 2005, “Short version: I have been offered a job as the executive director of the Florida Justice Reform Institute. For starters, I will not take the job without your blessing. Secondly, I am not quite sure the job is right for me anyway, and I still have a lot of soul searching to do. I would like to talk to you about this subject in person on Tuesday.” [William Large Email to Gov. Jeb Bush, 8/7/05]

• Large Said He Had “Concerns About The Organization Of The FJRI” And Was “Not Quite Sure The Job” Was “Right” For Him. According to an email from William Large to Gov. Jeb Bush on August 7, 2005, “Short version: I have been offered a job as the executive director of the Florida Justice Reform Institute. For starters, I will not take the job without your blessing. Secondly, I am not quite sure the job is right for me anyway, and I still have a lot of soul searching to do. I would like to talk to you about this subject in person on Tuesday […]At this point, I still have some concerns about the organization of the FJRI as well as the commitment of the business community to support the FJRI.” [William Large Email to Gov. Jeb Bush, 8/7/05]

• Large To Bush: “If You Think I Would Better Serve Your Administration – And The Long Term Goals Which You Stand For – In The Capacity As ED Of The FJRI, It Is Something I Will Do.” According to an email from William Large to Gov. Jeb Bush on August 7, 2005, “But, I will end this email with this thought: If you think I would better serve your administration – and the long term goals which you stand for -in the capacity as ED of the FJRI, it is something I will do. Sorry to bother you on your day off with a personal matter. – William” [William Large Email to Gov. Jeb Bush, 8/7/05]

• Large Said FJRI Sought To Have Him In Place By Mid-September. According to an email from William Large to Gov. Jeb Bush on August 7, 2005, “About two weeks ago, I was approached by George Meros and others and asked to apply for the executive director position of the FJRI. I dusted off my resume and sent it in. On Friday, the search team consisting of Charlie Hilton, Barney Barnett and Susan Storey offered me the job. I was one of five candidates they looked at. The search team plans to take their recommendation to the full FJRI board for a vote on Friday, August 12th. In sum, they would like an answer from me in very short order, so that they can present me to the full board by Friday and have me in place by committee week in Mid-September. I made it very clear to the search team that I would not leave my current job, without the Governor’s blessing. I explained that I made a promise to the Governor (through Denver) that I would not leave until the end of the administration; as such, only the Governor could release me from that promise.” [William Large Email to Gov. Jeb Bush, 8/7/05]

• Large Said ATRA’s George Meros Approached Him To Apply For The FJRI Position. According to an email from William Large to Gov. Jeb Bush on August 7, 2005, “About two weeks ago, I was approached by George Meros and others and asked to apply for the executive director position of the FJRI. I dusted off my resume and sent it in. On Friday, the search team consisting of Charlie Hilton, Barney Barnett and Susan Storey offered me the job.” [William Large Email to Gov. Jeb Bush, 8/7/05]

• Bush To Large: “William, We Should Discuss This In Person. It seems like an exciting offer…” According to an email from Gov. Jeb Bush to William Large on August 7, 2005, “william, we should discuss this in person. It seems like an exciting offer but you should discuss with Pam amoung others. I will be back in the office on Tuesday morning. Get with Betty to set up a time. Jeb” [Gov. Jeb Bush Email to William Large, 8/7/05]

William Large Was Named President Of The Florida Justice Reform Institute On September 7, 2005. According to a press release from the Florida Justice Reform Institute, “The Florida Justice Reform Institute (FJRI) will continue its aggressive pursuit of judicial fairness and balance under the leadership of its newly selected president, William Large, former deputy chief of staff to Gov. Jeb Bush.” [Press Release – Florida Justice Reform Institute, 9/7/05]

• Bush: “William Large Is An Excellent Choice To Lead The Florida Justice Reform Institute’s Pursuit Of Common Sense Legal Reform.” According to a press release from the Florida Justice Reform Institute, “‘William Large is an excellent choice to lead the Florida Justice Reform Institute’s pursuit of common sense legal reform,’ said Gov. Jeb Bush. ‘As my Deputy Chief of Staff, William provided invaluable counsel in all areas of tort reform, including medical malpractice reform.’” [Press Release – Florida Justice Reform Institute, 9/7/05]

• Bush: “The Florida Justice Reform Institute Has Spearheaded The State’s Legal Reform Efforts By Committing Florida Companies To A Long-Term Effort To Improve Our Criminal Justice System.” According to a press release from the Florida Justice Reform Institute, “‘The Florida Justice Reform Institute has spearheaded the state’s legal reform efforts by committing Florida companies to a long-term effort to improve our civil justice system,’ [Jeb] Bush said.” [Press Release – Florida Justice Reform Institute, 9/7/05]

• Bush: “The Institute Has Enjoyed Great Support From State And National Organizations And Important Think Tanks.” According to a press release from the Florida Justice Reform Institute, “‘The Institute has enjoyed great support from state and national organizations and important think tanks,’ said Bush. ‘I am particularly pleased that the Institute and Florida’s business community are committed to a long-term approach to ensuring fairness in our civil justice system. William’s policy expertise, strong legal knowledge, and dedication to fairness will be a great asset toward the effort.’” [Press Release – Florida Justice Reform Institute, 9/7/05]

2006: Astroturf “Grassroots” Group, Florida Stop Lawsuit Abuse, Was Run by Former Citizens for a Sound Economy Staffers and Registered Lobbyists Slade O’Brien and Carlos Muhletaler

Florida Stop Lawsuit Abuse Was An Organization “Dedicated To Challenging Those Who Abuse Our Legal System.” According to the Florida Stop Lawsuit Abuse website via archive.org, “Florida Stop Lawsuit Abuse is a grassroots group dedicated to challenging those who abuse our legal system and educating the public about the costs and consequences of lawsuit abuse. We are actively supported by small businesspeople, consumers, taxpayers and anyone who is concerned about lawsuit abuse in Florida.” [Florida Stop Lawsuit Abuse via archive.org, 6/17/06]

2006: Carlos Muhletaler Was Listed The Executive Director Of Florida Stop Lawsuit Abuse, Inc. According to Florida Stop Lawsuit Abuse Inc.’s 990 tax forms, Carlos Muhletaler was the executive director of Florida Stop Lawsuit Abuse Inc. [Florida Stop Lawsuit Abuse Inc. 990 tax form via citizenaudit.org, 2006]

2006: Slade O’Brien Was The Treasurer Of Florida Stop Lawsuit Abuse, Inc. According to Florida Stop Lawsuit Abuse Inc.’s 990 tax forms, Slade O’Brien was the treasurer of Florida Stop Lawsuit Abuse Inc. [Florida Stop Lawsuit Abuse Inc. 990 tax form via citizenaudit.org, 2006]

• Slade O’Brien Also Named As The Executive Director Of Florida Stop Lawsuit Abuse In 2006. According to a press release from Florida Stop Lawsuit Abuse, “‘Floridians have a real problem with personal injury lawyers and people who see lawsuits and our courts as a way to get rich,’ said Slade O’Brien, executive director of FSLA. ‘This greed and lawsuit-happy mentality hurts all of us. FSLA is taking the fight against lawsuit abuse to communities across Florida to ensure that every citizen’s voice is heard.’” [Florida Stop Lawsuit Abuse Press Release, 3/22/06]

Jeb Bush Supported ATRA and FJRI Goals, Was Praised By Both Organizations

South Florida Was Named A “Judicial Hellhole” By ATRA In 2006, But The Report Noted That Gov. Jeb Bush And The Legislature Took “Steps To Address Unfairness” In Florida’s Civil Justice System. According to the Judicial Hellhole Report by the American Tort Reform Association Foundation, “South Florida, primarily Miami-Dade and Palm Beach counties, consistently makes the list of Judicial Hellholes for its high awards, improper evidentiary rulings, class actions and medical malpractice payouts. The events of the past year show that South Florida’s well-earned reputation continues to grow […] This March 2006, the Florida legislature abolished joint and several liability,148 a law that encouraged plaintiffs to target “deep pocket” companies even if they had little responsibility for the injury at issue. In fact, the support of South Florida legislators was crucial to moving the proposal forward in the state Senate. Under the old law, if a person was injured and there were multiple defendants (e.g., a hospital, doctor, nurse and anesthesiologist; or a manufacturer, distributor and retailer), some of those defendants could have been required to pay more than their fair share of the judgment if one or more of the others were unable to pay. Under the new law signed by Governor Jeb Bush, each defendant will be responsible for paying his or her fair share of the judgment, not more, not less. In completely abolishing joint and several liability, Florida joined its neighbors Georgia, Mississippi and Louisiana in hopes of attracting new businesses to its region of the country.” [ATRA’s Judicial Hellholes Report, 2006]

December 2006: ATRA’s Tort Reform Record: “ATRA Supports Replacing The Rule Of Joint And Several Liability With The Rule Of Proportionate Liability.” According to ATRA’s Tort Reform Record, “ATRA supports replacing the rule of joint and several liability with the rule of proportionate liability. In a proportionate liability system, each co-defendant is proportionally liable for the plaintiff’s harm. For example, a co-defendant that is found by a jury to be 20% responsible for a plaintiff’s injury would be required to pay no more than 20% of the entire settlement. More moderate reforms that ATRA supports include: (1) barring the application of joint and several liability to recover non-economic damages; and (2) barring the application of joint and several liability to recover from codefendants found to be responsible for less than a certain percentage (such as 25%) of the plaintiff’s harm.” [ATRA Tort Reform Record, 12/21/06]

• Bush’s Florida Justice Reform Institute Speech: “First And Foremost, If We’re Interested In Reforming Our Tort System, We Should Start By Eliminating Joint And Several Liability.” According to a video of a speech by Gov. Jeb Bush from the Florida Justice Reform Institute via archive.org, “First and foremost, if we’re interested in reforming our tort system, we should start by eliminating joint and several liability.” [Gov. Jeb Bush – Florida Justice Reform Institute via archive.org, 6/23/06]

• In 2006, Florida Passed HB 145 Which “Barred Application Of The Rule Of Joint And Several Liability In The Recovery Of All Damages.” According to ATRA’s Tort Reform Record, “Forty states have modified the rule of joint and several liability. […] FLORIDA 2006—HB 145 Barred application of the rule of joint and several liability in the recovery of all damages.” [ATRA Tort Reform Record, 12/21/06]

• ATRA President Sherman Joyce Commended The Florida Justice Reform Institute For The Bill’s Passage. According to a press release from the American Tort Reform Association, “‘We would also like to commend the tireless effort of the Florida Justice Reform Institute for helping to bring this issue to the forefront of the political debate,’ [ATRA President Sherman] Joyce said. ‘This legislative success would not have been possible without their continuous work.’” [Press Release – ATRA, 3/30/06]

December 2006: ATRA’s Tort Reform Record: “Class Actions Are… A Means Of Defendant Extortion… State Class Action Reform Can More Equitably Balance The Interests Of Plaintiffs And The Defendant.” According to ATRA’s Tort Reform Record, “Once considered a tool of judicial economy that aggregated many cases with similar facts, or similar complaints into a single action, class actions are now often considered a means of defendant extortion. Today, some class actions are meritless cases in which thousands, or millions, of plaintiffs are granted class status, sometimes without even notifying the defendant. In many of these cases, the victimized consumers often receive pennies, or nearly-worthless coupons, while plaintiffs’ counsel receives millions in legal fees. State class action reform can more equitably balance the interests of plaintiffs and the defendant.” [ATRA Tort Reform Record, 12/21/06]

• Bush’s Florida Justice Reform Institute Speech: “The Class Action Concept Is Another Area That Needs Reform Desperately In Our State.” According to a video of a speech by Gov. Jeb Bush from the Florida Justice Reform Institute via archive.org, “The class action concept is another area that needs reform desperately in our state.” [Gov. Jeb Bush – Florida Justice Reform Institute via archive.org, 6/23/06]

• In 2006, Florida Passed HB 7529 Which Reformed Its Class Action Laws. According to ATRA’s Tort Reform Record, “Nine states have reformed their laws pertaining to class actions […]FLORIDA 2006—HB 7529 Established venue reform to prohibit out-of-state residents from filing class action lawsuits in Florida courts unless the claim occurred or emanated from the state. Required claimants to prove actual damages in order to maintain certain types of class actions. Would not preclude the Attorney General from bringing a class action to cover statutory penalties.” [ATRA Tort Reform Record, 12/21/06]

December 2006: ATRA’s Tort Reform Record Promoted “Appeal Bond Reform” Which Sought To Limit “The Size Of An Appeal Bond.” According to ATRA’s Tort Reform Record, “APPEAL BOND REFORM According to Lawyer’s Weekly USA, the total amount of 1999’s top ten jury verdicts was three times higher than 1998’s level, and 12 times higher than the 1997 total. While many of these verdicts are overturned or reduced on appeal, defendants in many states are required to post an appeal bond sometimes equal to 150 percent of the verdict in question. In an era when billion-dollar verdicts are no longer uncommon, appealing an outrageous verdict can force a company or an industry into bankruptcy. Appeal bond waiver legislation limits the size of an appeal bond when a company is not liquidating its assets or attempting to flee from justice.” [ATRA Tort Reform Record, 12/21/06]

• In 2006, Florida Passed HB 841 Which “Limited The Appeal Bond Amount In Any Civil Action…” According to ATRA’s Tort Reform Record, “Thirty-three states have adopted this proposal. […]FLORIDA 2006—HB 841 Limited the appeal bond amount in any civil action, except for certified class actions subject to 768.733, to $50 million.” [ATRA Tort Reform Record, 12/21/06]

March 2007: ATRA Press Release: “The American Tort Reform Association Today Unveiled A New Billboard In South Florida” Which Quoted Gov. Jeb Bush. According to a press release from the American Tort Reform Association, “Billboard Quotes Bush, Reminds South Floridians They Live in a ‘Judicial Hellhole’ Abusive Litigation in Miami-Dade, Palm Beach Counties Cited as Economic Drag […] Washington, DC, March 15, 2007 — The American Tort Reform Association today unveiled a new billboard in South Florida to remind residents there that its annual Judicial Hellholes® report has now cited Miami-Dade and Palm Beach counties, collectively, as one of the nation’s worst places to be sued for three straight years.” [Press Release – ATRA, 3/15/07]

• ATRA President Sherman Joyce : “Our Message, And The Message Of Former Gov. Jeb Bush Is Clear: Abusive Litigation Jeopardizes Economic Growth And Job Creation.” According to a press release from the American Tort Reform Association, “Noting that the new billboard, located along I-595 near I-95, invites visits to ATRA’s website (www.atra.org) where details of South Florida’s status as a Judicial Hellhole are posted, ATRA President Sherman Joyce said, ‘Our message, and the message of former Gov. Jeb Bush is clear: Abusive litigation jeopardizes economic growth and job creation.’ The billboard features a quote from Bush, ‘one of Florida’s most prominent and effective tort reform advocates,’ according to Joyce.” [Press Release – ATRA, 3/15/07]

• ATRA Press Release: “The Billboard Features A Quote From Bush, ‘One Of Florida’s Most Prominent And Effective Tort Reform Advocates,’ According To Joyce.” According to a press release from the American Tort Reform Association, “Noting that the new billboard, located along I-595 near I-95, invites visits to ATRA’s website (www.atra.org) where details of South Florida’s status as a Judicial Hellhole are posted, ATRA President Sherman Joyce said, ‘Our message, and the message of former Gov. Jeb Bush is clear: Abusive litigation jeopardizes economic growth and job creation.’ The billboard features a quote from Bush, ‘one of Florida’s most prominent and effective tort reform advocates,’ according to Joyce.” [Press Release – ATRA, 3/15/07]