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Senate Proceeding on Jan 22nd, 2009 :: 4:43:45 to 4:54:20
Total video length: 9 hours 29 minutes Stream Tools: Stream Overview | Edit Time

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Jeff Sessions

4:43:41 to 4:44:02( Edit History Discussion )

Jeff Sessions: quorum call: the presiding offi recognized. mr. sessions: i would a the quorum call be dispense with. the presiding officer: without objection, so ordered. mr. sessions: mr. president, i'd just like to share a few thoughts about this subject. the need to ensure that women are not discriminated against in

Jeff Sessions

4:43:45 to 4:54:20( Edit History Discussion )
Speech By: Jeff Sessions

Jeff Sessions

4:44:03 to 4:44:24( Edit History Discussion )

Jeff Sessions: the workplace is very real. congress has acted on that more than once. in fact, this litigation has arisen from statury actions to make sure that discrimination does not occur. one lady who lost her suit because she brought

Jeff Sessions

4:44:25 to 4:44:46( Edit History Discussion )

Jeff Sessions: according to the court -- supreme court, her allies and friends and others have promoted the idea that we shod change the statute of limitations in an historic way, in ways that we really should not do

Jeff Sessions

4:44:47 to 4:45:08( Edit History Discussion )

Jeff Sessions: with i think that is a mistake. i am -- practiced law a lot of years. i've seen the power of the statute of limitations. clarity in that issue is important to me in the practice of law and for every american

Jeff Sessions

4:45:09 to 4:45:29( Edit History Discussion )

Jeff Sessions: citizen. for example as a prosecutor for many years a lot of americans may not know that a bug he robber or thief could get away with his crime even if the police didn't kno they did it,

Jeff Sessions

4:45:30 to 4:45:51( Edit History Discussion )

Jeff Sessions: they could get away with it. only a few c murder have extended statute of limitations. the entire legal system we've inherited, this magnificent legal system from england that i've worked with here that served us so well iss always recognized as a matter of

Jeff Sessions

4:45:52 to 4:46:12( Edit History Discussion )

Jeff Sessions: policy that people ought sit on their if they've got a claim, they have a responsibility to come forward and make it. and sometimes that makes difficult choices. there was a case recently, just recently in alabama where a -- an individual, he had a claim,

Jeff Sessions

4:46:13 to 4:46:35( Edit History Discussion )

Jeff Sessions: went to the local probate judge. in alabama there is more of a minut they told him he could file the lawsuit next wednesday. he filed the lawsuit. the person who was sued went to court and moved to dismiss it saying he waited too late.

Jeff Sessions

4:46:36 to 4:46:59( Edit History Discussion )

Jeff Sessions: and, in truth, he was 1 day late. and -- he was one day late. the alabama supme court said this much time, you file it late, you're out. i mean, this is is the nub of the matter. the statute of limitations means something. before the ledbetter case arose,

Jeff Sessions

4:47:00 to 4:47:21( Edit History Discussion )

Jeff Sessions: i had on more than one objected to a speecial piece of -- special piece of litigation in this senate. passed through the house. i was the to give a law firm in one of nation's big cities to pass a special law that would excuse them for missing a statute of

Jeff Sessions

4:47:22 to 4:47:42( Edit History Discussion )

Jeff Sessions: limitations on a big, expensive lawsuit. and they this is a lot of money. it's millions of dollars and we just missed it one day. i think it was just a thing. give us a new law that allows us to get in there.

Jeff Sessions

4:47:43 to 4:48:05( Edit History Discussion )

Jeff Sessions: and i'm saying one time -- one time i suggested, well, would that law firm from here after commit to every client that they had in somebody files a lawsuit too wait they will waive that defense, won't raise that dense and won't file it? well, of course

Jeff Sessions

4:48:06 to 4:48:27( Edit History Discussion )

Jeff Sessions: a statute of limitations is is a -- just a part of the law. every lawyer knows the bes way to get sued for malblack -- the best way to get sued for malpractice, that's why you have malpractice insurance, if you advise your client wrong on the statute of limitations, your

Jeff Sessions

4:48:28 to 4:48:49( Edit History Discussion )

Jeff Sessions: client can sue you for malpractice, you better have insurance or you have a lot of known pay it. i just w colleagues how deeply embedded in our legal system is the concept of statute of limitations. the

Jeff Sessions

4:48:50 to 4:49:11( Edit History Discussion )

Jeff Sessions: are entitled before you sue somebody. then there came another situation that's moreifficult and courts have worked their way through it. and this is the next step. well, what if you are an average american citizen working in -- and somebody cheats you or

Jeff Sessions

4:49:12 to 4:49:34( Edit History Discussion )

Jeff Sessions: workplace and -- and discriminates against you in the workplace? what if you don't know what if -- what if -- you had no evidence and you didn't know the true facts and you didn't know they had cheated you? what about that? well, the courts have had basically an equitable relief there that you have a certain

Jeff Sessions

4:49:35 to 4:49:56( Edit History Discussion )

Jeff Sessions: amount of time from discover the -- that you've been and then you can file a lawsuit and that can extend it in that regard as a sort of the statute of limitation as it is in this case the supreme court of the united states concluded

Jeff Sessions

4:49:57 to 4:50:18( Edit History Discussion )

Jeff Sessions: that the person c about the mistreatment, the discrimination in the workplace that she had known about it for years, several years, four or five -- three years. they said you can't the way that long. one of the key witnesses involved in the alleged discrimination had died.

Jeff Sessions

4:50:19 to 4:50:39( Edit History Discussion )

Jeff Sessions: and so the argument was, well, i get a percentage of m pension benefits from the company and because i didn't get promoted, my pension benefits are not as much as they are, they should be. and every time i get a check from the company that i work for, it's somewhat less than

Jeff Sessions

4:50:40 to 4:51:01( Edit History Discussion )

Jeff Sessions: what i would have otherwise have been entitled to and therefore -- therefore that's a new cause of action that begins to run every time i get a new check this is not -- i just -- colleagues, this is not the way the law has been

Jeff Sessions

4:51:02 to 4:51:22( Edit History Discussion )

Jeff Sessions: inc effect, this sa philosophy and the history of limitations on actions. that's not the way it's because if you go on that method of dealing with the issue, there's virtually no limit on

Jeff Sessions

4:51:23 to 4:51:45( Edit History Discussion )

Jeff Sessions: the statute of limitations. and for this class of cases and it goes just beyond employment cases, a legislation here today, it provides statute of limitations. a tolling of the statute of limitations to an almost indefinite time.

Jeff Sessions

4:51:46 to 4:52:06( Edit History Discussion )

Jeff Sessions: and doing. i know politically this ginned up into a big issue. some -- and technical in some cases -- some senses, a lot of people haven't taken the time to grasp what we're doing. i would urge my colleagues when

Jeff Sessions

4:52:07 to 4:52:27( Edit History Discussion )

Jeff Sessions: you consider the legislation moving forward on some of these amendm are sound reasons that limit the time for a lawsuit against you. there are. and there are legitimate reasons. and it's been a part of every action since the founding of the

Jeff Sessions

4:52:28 to 4:52:48( Edit History Discussion )

Jeff Sessions: republic, to my knowledge, unless there was an oversight, they all provide for a statute of even criminal cases, as i said. criminals can if they are out -- if they can not be charged for five years, usually. i say

Jeff Sessions

4:52:49 to 4:53:10( Edit History Discussion )

Jeff Sessions: in have five years for burglary, larceny, and assaults. so i -- so in conclion i just want to expose my -- i just want to work for equal pay and i

Jeff Sessions

4:53:11 to 4:53:32( Edit History Discussion )

Jeff Sessions: urge my colleagues to recognize that this evisceration of the historic principles of limitations of actions is not a way to fix it. and it has ramfications far beyond just these cases that have been i urge

Jeff Sessions

4:53:33 to 4:53:53( Edit History Discussion )

Jeff Sessions: some time in reviewing this. making sure that we realize what kind of hole we're through a historic principle of the anglo american rule of law. and i think if we do that, legislation would not become law in its final i thank the chair and note the absence of a quorum.

Jeff Sessions

4:53:54 to 4:54:02( Edit History Discussion )

Jeff Sessions: the presiding officer: the clerk will call the roll.

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