The State Journal, March 25, 2005
As the West Virginia Legislature heads down the home stretch of its current session, we believe a reminder is in order: The people of West Virginia want change. They want businesses to prosper so our children and grandchildren will have an opportunity to work and live in their communities, close to families and friends. They recognize that West Virginia has an opportunity to join the world's most dynamic economy if our leaders remove the barriers to economic growth.
To their credit, our leaders have taken a couple of bold steps toward prosperity. They have reformed the state's beleaguered Workers' Compensation system, started to address our longstanding Workers' Compensation and pension debts and advanced some reforms of our civil justice system. But they have more work to do, especially on our court system.
No amount of explanation or pontification from the protectors of the status quo will persuade business investors to accept a civil justice system that is out of step with the rest of the nation. Businesses know they cannot prosper here unless the state's leadership adopts public policies that reflect the values that drive the American economy.
Those who truly favor change must take the most aggressive action possible to improve the state's investment climate. With respect to tort reform, they must address the wholly offensive concept of joint-and-several liability, which is nothing more than a judicial ambush of defendants with the deepest pockets. Furthermore, they must not allow a handful of trial lawyers and their accomplices to protect the court-made standard known as deliberate intent that discourages efforts to bring our workers' compensation system into the 21st century.
Yes, we all understand the reality of politics the compromise and inevitable horse trading that lead to the passage of laws. But we also understand the predictable effect of failing to remove the barriers to economic success. That's a specter we cannot accept.