Nevada senator trying again to block secret settlements

CARSON CITY, Nev. (AP) -- Senate Minority Leader Dina Titus is trying again to push through a bill that would ensure Nevadans get details of secret court settlements involving public hazards.

The "sunshine in litigation" measure, SB251, is similar to a proposal that died as state lawmakers adjourned in 2001. Titus, D-Las Vegas, also tried unsuccessfully to get the proposal passed in 1991.

In both of the earlier cases, the measures ran into strong opposition from powerful business interests.

The arguments that business lobbyists used in 1991 and 2001 will be repeated when SB251, introduced Monday, comes up for hearings.

But Titus will add to her main benefit-to-the-public argument the fact that more and more states -- even conservative ones like Nevada -- are considering similar measures.

Advocates of "sunshine-litigation" measures cite numerous examples of sealed settlements, ranging from asbestos to the Firestone tire case, that could lead to deaths and serious injuries because of court-ordered confidentiality agreements.

Proponents also argue such legislation would save money and lives by forcing companies to deal with such hazardous problems before letting them get out of control -- as the Firestone case has done.

Advocates also say protecting the public from dangerous products and other hazards is a fundamental principle that shouldn't be jeopardized by secret settlements.

Critics argue that settlements are in the best interest of companies and individuals, but the legislation would discourage settlements because it would make them public.

The opponents add that some unscrupulous lawyers "shop" lawsuits by finding past settlements, and information that becomes public in one case could be used in later lawsuits against companies as an admission of guilt.

The bill was sent to the Senate Judiciary Committee for discussion.