ATRA SAYS SUBPOENA POWER SHOULD NOT BE USED TO SQUELCH FIRST AMENDMENT RIGHTS

Washington, DC, June 06, 2003 -- A plaintiffs' lawyer in Madison County, Illinois is trying to intimidate leading supporters of lawsuit reform from speaking out by subpoenaing them in an automobile products liability case they know nothing about, the American Tort Reform Association (ATRA) said today.

At the end of a program highlighting the need to address lawsuit abuse in Madison County, ATRA President Sherman "Tiger" Joyce and leaders of other civil justice reform groups were served subpoenas in a proposed class action lawsuit by plaintiffs' lawyer Bradley M. Lakin. The case, Phillips v. Ford Motor Co., No. 99-L-1041 (Madison Cty. Ill.), involves claims of defective automobile paint.

"ATRA knows nothing about the facts of this case," said Joyce. "We were there to discuss an important issue of the day - the inability of defendants to obtain justice in Madison County. If Mr. Lakin wants to discuss the issue of lawsuit abuse in Madison County in an open public forum, I would urge him to withdraw his subpoena, and contact our office so that we can help arrange a public forum on Madison County's legal system."

"Mr. Lakin should be ashamed of himself for using the subpoena power of the court to try to stifle debate about an important public issue," Joyce said.

Victor E. Schwartz, ATRA general counsel, said that subpoenas are legitimately used by litigants to develop information relevant to the subject matter of their lawsuit.

"Subpoenas are for witnesses who know something about the case," Schwartz said. "In this situation, ATRA knows nothing. It is clear the subpoena power is being used to squelch ATRA from speaking out about Madison County and its inequities as one of the leading 'judicial hellholes' in the United States."

ATRA has named Madison County, Illinois, second on its list of the nation's top 11 "judicial hellholes" because of its culture of high class action awards and its liberal certification of class action lawsuits. Judicial hellholes are places where ATRA believes the law is not applied even-handedly to all parties and it is difficult for defendants to get a fair trial.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.