The Specter of legal plunder
The aptly surnamed Arlen Specter is trying once again to bestow a generous tax break on the plaintiff's attorneys who comprise a significant portion of his and his fellow Democrats' contributor base.
The efforts of the shifty U.S. senator from Pennsylvania are opposed, once again, by Rep. Lamar Smith, Texas' stalwart representative from San Antonio.
But the opposition of Smith and like-minded colleagues must be strengthened if, as rumored, the Obama Administration decides to bypass Congress and use the Treasury Department to grease the "rich lawyer" tax break instead.
Watchdog groups fear trial lawyer tax break will 'suck marrow out of economy'
Tort reform groups fear the Obama Administration and U.S. Department of Treasury are sidestepping Congress to give trial lawyers hearty tax breaks that will ultimately hurt the economy while benefitting the Democratic Party's donor base.
As reported by Legal Newsline, the American Association for Justice, the nation's leading coalition of trial lawyers, revealed Tuesday that it expects the Treasury Department to soon grant attorneys a tax break on contingency fee lawsuits, possibly lowering the cost of bringing litigation as much as 40 percent according to some critics.
Best shot for a big payday
Regarding Bill McClellan's column "Another indictment of class-action suits" (June 23): Here we go again with another settlement that proves class-action lawsuits no longer benefit the people for whom they were created.
Lawsuits Drain the Fun Out of Childhood
A friend observed recently that my neighbor sure knew how to suck the fun right out of a Slip 'N Slide as she yelled at her kids: "GET IN THE SHADE! MOVE OUT OF THE WAY! NOT TOO FAST!"
So much for fun in the sun! Sadly, my neighbor isn't alone in her tendency to drain the joy out of increasingly few opportunities for innocent childhood fun.
If one so-called watchdog group has its way, the trinkets in McDonald's famed Happy Meals will join an ever-growing list of childhood pleasures that have gone the way of the dodo bird, forced into near extinction by lawsuits.
Ruling may cause doctors to move on
Local doctors and a statewide watchdog group on Tuesday decried a decision this year by the Illinois Supreme Court that threw out caps on damages in medical malpractice cases.
Because of the decision, they say, doctors will leave Illinois.
Illinois Lawsuit Abuse Watch and the doctors gathered at the Illinois Eye Center to urge voters to read up on the court's February decision and keep that in mind when they go to the polls this fall. One of the justices who sided with the majority is Thomas Kilbride, who is up for retention this fall.
ER doctors: Lawsuit fears lead to overtesting
"It takes time to explain pros and cons. Doctors like
to check a box that orders a CT scan and go on to
the next patient," said Dr. Jeffrey Kline, an
emergency physician at Carolinas Medical Center in
Charlotte
Patients' demands drive overtesting, too. Many think
every ache and pain deserves a high-tech test.
http://www.usatoday.com/news/health/2010-06-20-ER-overtreated_N.htm
Evidence shows tenacity of plaintiffs' attorney in Toyota case
In a legal career spanning nearly four decades, attorney Mark P. Robinson Jr. has won multimillion-dollar verdicts against carmakers Ford, General Motors, Nissan and Hyundai.
Now, the Newport Beach lawyer has been tapped to play a big role in the massive legal battle involving Toyota Motor Corp., which faces potentially billions of dollars of liability from lawsuits involving the alleged sudden unintended acceleration of its vehicles.
Lawyers should back off of oil spill
In the weeks since the tragic explosion at an offshore oil rig in the Gulf of Mexico, the nation has grieved with the families of the 11 workers lost and watched with baited breath to see what kind of impact coastal residents and businesses will experience if the oil spill reaches the shoreline.
Already, the families of the lost have been forever changed and in all likelihood, many whose livelihoods depend on the sea life and tourism around the Gulf waters will be affected as well.
What we don’t know is what exactly happened to cause the explosion or what parties are responsible. We don’t know who along the Gulf Coast will be impacted by the spill.
http://www.bizjournals.com/austin/stories/2010/06/14/editorial2.html
Put the brakes on ambulance chasing
Ambulance chasing is booming in parts of Texas, undermining not only our system of justice but our sense of justice, as injured people are subjected to questionable and insensitive tactics at one of the most vulnerable times in their lives. Now, Texas lawmakers have a chance to further protect Texans from this predatory practice.
http://www.hcnonline.com/articles/2010/05/26/pasadena_citizen/opinion/052610_edit_parker.txt
Allowing 'no proof' asbestos lawsuits would hurt Texas jobs, families
Should we allow "no proof" lawsuits in Texas? If a handful of aggressive personal injury lawyers get their way, we will have just that and employers large and small could be sued without proof that they caused an injury.
The change, which would apply to asbestos lawsuits, flies in the face of common sense and reason.
http://www.setexasrecord.com/arguments/226954-allowing-no-proof-asbestos-lawsuits-would-hurt-texas-jobs-families
Starbucks 'Hot Tea' Lawsuits Highlights a Void in Personal Responsibility
It's hard to believe that the now-infamous "hot coffee" lawsuit against McDonald's happened 16 years ago.
Yet that case's multi-million dollar settlement apparently left a lasting impression - and planted an idea - with a New York woman now suing Starbucks over a cup of hot tea that allegedly caused her "great physical pain and mental anguish."
http://www.setexasrecord.com/arguments/226869-starbucks-hot-tea-lawsuits-highlights-a-void-in-personal-responsibility
Just in Time for Mother's Day: Baby Products' Wacky Warnings Signal Lawsuit-Happy Society
Any woman celebrating Mother's Day understands that, along with the joys of motherhood, sleep deprivation can make you a little foggy.
Your car keys seem to be consistently lost. Sometimes your socks don't match. Sometimes the baby's socks don't match.
While you may lose some of your edge as a new mom, your brain doesn't dissolve completely.
http://www.setexasrecord.com/arguments/226545-just-in-time-for-mothers-day-baby-products-wacky-warnings-signal-lawsuit-happy-society
Trial lawyer legislators behind 'anti-tort reform' bills; CALA fears more to come
Although a pair of "anti-tort reform" bills recently died in a state House committee, legal watchdog groups from across the Lone Star State are prepared to "stand strong" and fight future bills engineered to unravel tort reform laws.
http://setexasrecord.com/news/226190-trial-lawyer-legislators-behind-anti-tort-reform-bills-cala-fears-more-to-come
United States Congressman Lamar Smith Addresses Supporters of Citizens Against Lawsuit Abuse of Central Texas
This morning the Central Texas Citizens Against Lawsuit Abuse (“CALA”) hosted an informative breakfast exchange with Congressman Lamar Smith (R-21). More than 50 community supporters attended the event at El Arroyo in Austin, Texas.
Smith, one of the top most influential people in Washington and the ranking Republican member of the Judiciary Committee, addressed several issues including the recent health care legislation. Smith noted that the national bill did not include any of the legal reforms that have been critical to increasing the number of doctors practicing in rural and underserved areas as specialists in Texas.
Personal Injury Trial Lawyers are at it again
Our friends at Citizens Against Lawsuit Abuse (CALA), (whose mission is to advocate for a fair and just legal system, they have campaigned for an end to abusive and frivolous litigation that hurts our economy, increases costs and delays justice for those with legitimate claims.)
http://txpayervoice.blogspot.com/2010/03/personal-injury-trial-lawyers-are-at-it.html
LEGAL WATCHDOG URGES COMMITTEE TO RECOGNIZE “PAID VS. INCURRED” PROPOSAL AS PERSONAL INJURY LAWYER SCAM
Austin, TX – Citizens Against Lawsuit Abuse (CALA) today urged the Texas House Committee on Judiciary and Civil Jurisprudence to recognize the “paid vs. incurred” proposal as nothing more than a personal injury lawyer windfall that will increase costs for all Texans. The Committee is considering the issue as part of its interim charges.
“During the 80th Legislature, personal injury lawyers pushed a proposal that would allow them to recover damages for expenses that never happened,” said Bob Parker, Chairman of the Board of Directors of Bay Area Citizens Against Lawsuit Abuse. “The bill had no logical or legal justification. It was and is a sham and a shame.”
Gov. Hernandez to Unveil Bill Summers Plaque in Nuevo Progreso on Sunday
WESLACO, March 18 - The late Bill Summers will be honored with a plaque unveiled at the international bridge in Nuevo Progreso on Sunday as part of the city’s Dia Del Turista celebrations. Summers led the Rio Grande Valley Partnership, the Valley's regional chamber of commerce, for more than two decades before succumbing to cancer late last year. One of his top priorities was to foster better relations between Texas and Mexico and he was often referred to as the state’s unofficial ambassador to Mexico.
http://www.riograndeguardian.com/rggnews_story.asp?story_no=22
Lawyers Waste No Time Milking Tragedy
Tragedy can bring out the best in people who rally resources to help those in need. The outpouring of global support following the earthquake devastation in Haiti is a good example. Unfortunately, tragedy can also elicit greed, opportunism and an ugly underbelly of our society. The speed with which some personal injury lawyers started trolling for business in the aftermath of the tragic deaths associated with the Toyota recall is a cringe-worthy example.
http://www.texasinsider.org/?p=24070
Junior Achievement names 2010 Business Hall of Fame laureates
CORPUS CHRISTI — Business astuteness, risk-taking initiative, vision and innovation, inspiring leadership and civic responsibility are synonymous with Corpus Christi Business Hall of Fame laureates. This year, Junior Achievement recognizes five individuals, including two couples, who exemplify these qualities.
http://www.caller.com/news/2010/feb/16/junior-achievement-names-2010-business-hall-of/
Up The Ladder
NONPROFIT ORGANIZATIONS
Citizens Against Lawsuit Abuse, a nonprofit legal watchdog group, recently elected new officers for its board of directors. Roger Borgelt, a partner at Potts & Reilly LLP, was named chairman. Cliff Collier, dealer manager with Howdy Honda, was named vice chairman. Darryl Jordan, vice president of risk management and chief risk officer of Seton Family of Hospitals, was named secretary/treasurer. Newly joining the board is Will C. Jones IV, principal of the Jones Law Firm.
Arbitration Works for Consumers and Employers, Lawmakers Should Reach Same Conclusion
If personal injury lawyers and their advocates in Texas have their way, employers and consumers here may lose their ability to seek alternatives to costly and time-consuming litigation.
Right now, lawmakers are studying the use of arbitration clauses in Texas contracts and how they affect the ability of consumers and employers to resolve their disputes.
http://www.setexasrecord.com/arguments/224317-arbitration-works-for-consumers-and-employers-lawmakers-should-reach-same-conclusion
Valley Advocate Summers dies at 71
The Rio Grande Valley lost its biggest advocate Monday.
Bill Summers, who spent two decades promoting this area as president of the Rio Grande Valley Partnership, a regional Chamber of Commerce, died Monday after battling lung cancer this year. He was 71.
http://www.themonitor.com/articles/valley-33034-summers-advocate.html
Texas reforms highlighted in Lawsuit Abuse Awareness Week
Some Texas physicians joined a local watchdog group in highlighting the positive impact of recent medical liability reforms as part of Lawsuit Abuse Awareness Week Oct. 5-9.
http://www.ama-assn.org/amednews/2009/11/09/prbf1109.htm
Kilgore Rotary learns about East Texans Against Lawsuit Abuse
Diane Davis of East Texans Against Lawsuit Abuse spoke to the Kilgore Rotary Club on Wednesday, telling Rotarians that because of the support of people like them the number of frivolous lawsuits in Texas has decreased significantly.
http://www.kilgorenewsherald.com/news/2009-10-31/News/Kilgore_Rotary_learns_about_East_Texans_Against_La.html
Tort Reform Is Key To Health Reform
Tiger Joyce
American Tort Reform Association (ATRA)
Though common-sense Americans repeatedly raised the issue of tort reform while discussing health care legislation with members of Congress during town hall meetings this past summer, too many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs. These lawmakers and analysts are wrong.
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=November&artYear=2009&EntryNo=10287
Hit 'em where it hurts
Your recent article on barratry, or ambulance chasing, underscores why legislators should crack down on the practice. Lawyers who commit barratry exploit victims when they are at their most vulnerable. This is why Citizens Against Lawsuit Abuse groups launched a statewide campaign to educate Texans on how to recognize ambulance chasing, how to report it and also to urge lawmakers to bolster the penalties against anyone engaged in this illegal solicitation.
http://www.mysanantonio.com/opinion/Your_Turn__Oct_19_2009.html
Legal Shakedown is Back
A recent Wall Street Journal piece poked fun at an Oklahoma attorney who sent out an alert warning his fellow plaintiff attorneys to file their lawsuits quickly – before newly passed tort reforms limiting awards and discouraging baseless lawsuits go into affect. Unlike in California, the legislatures in Okalahoma and its neighboring state, Texas, have taken action to nix the frivolous lawsuits that cost businesses and the government a small fortune to fight, which only serve to make a handful of attorneys rich.
http://cssrc.us/web/35/publications.aspx?id=6976
Success of reforms highlight Lawsuit Awareness Week in Texas
Bobby Jenkins, president of ABC Home & Commercial Services, worries about the threat of lawsuit abuse on his company and the people that work for him. But since civil justice reforms in the state of Texas, Jenkins, whose company serves Austin, Dallas, Houston, San Antonio and Bryan/College Station, says he feels more comfortable.
http://www.setexasrecord.com/news/221484-success-of-reforms-highlight-lawsuit-awareness-week-in-texas
Lawsuit Abuse Foes Plan Austin Fundraiser With Dewhurst and Targeted House Republican
A pro-tort reform group is having a fundraiser in late October that will feature Lieutenant Governor David Dewhurst and a Republican state legislator who used to be a Democrat and now appears to be one of the opposing party's top targets on the Texas House battlefield in 2010. "Funds raised for CALA at this event allow us to continue to implement activities such as those aimed at highlighting lingering abusive legal practices in Texas and their impact on all of us; illustrating how Texans have benefited from a predictable civil justice system; promoting the importance of voting for judges who interpret and not make the law; and encouraging jury service," Stephanie Gibson, CALA's exeuctive director, said of the upcoming Austin reception.
http://www.capitolinside.com/members/aaaa-dewhurst-hunter.htm
Tort reform works
Yes. More than 800 doctors have come to practice in Bexar County since reforms were passed in 2003. This has created opportunities for 1.3 million more patient visits per year with a direct economic impact of $204 million in our community.
Campaign Against Barratry
Just as politics can sometimes make strange bedfellows, apparently so can barratry.
Who Pays For Lawsuit Abuse? You Do!
Citizens Against Lawsuit Abuse of Central Texas has a funny new ad linking the trial bar to rising health insurance premiums. You can watch it at The Spot - a political ad blog by TNSMI/CMAG, which called the ad one of 2009’s best.
http://americancourthouse.com/2009/09/16/who-pays-for-lawsuit-abuse-you-do.html
CMAG's 'Best of 2009' political ad
Ads promoting tort reform have added a new angle to healthcare reform advertising and have even trickled down to the state level.
http://tnsmi-cmag.blogspot.com/2009/09/cmags-best-of-2009-political-ad.html
Chassay: Without legal reforms, the health care system will remain broken
There's an old joke about the boy who goes to the doctor and uses his index finger to point all over his body, explaining, "It hurts here, here, here and here." The doctor sighs and says, "Son, your finger is broken." This poor kid was looking for his ailment in all the wrong places. That's exactly what's happening in Washington as our leaders grapple with health care reform. They're missing what's really broken.
Lawsuit watchdog group says health care reforms incomplete without liability reform
Citizens Against Lawsuit Abuse (CALA) is calling on Congress to focus on spiraling medical liability lawsuits as part of any meaningful reform package to rein in health care costs.
http://www.setexasrecord.com/news/220922-lawsuit-watchdog-group-says-health-care-reforms-incomplete-without-liability-reform
Obama administration floats hope, rocks economic boat
When politicians make showy displyas of big plans to help people, but then push agendas that blatantly run counter to those promises, we're right to feel betryayed.
http://houston.bizjournals.com/houston/stories/2009/08/31/editorial3.html
Federal reforms a boon to trial lawyers
When politicians make showy displays of big plans to help people, but then push agendas that blatantly run counter to those promises, we’re right to feel betrayed. That’s exactly what’s going on in Washington, D.C., and it’s an extension of what some attempted here in Texas during the latest legislative session.
Letter to the Editor: Feds: Take a Cue from Texas’ Tort Reform
Voters clearly get it: we can’t have true national health care reform — including improved access to care — without medical liability reform.
LETTER TO THE EDITOR: Texas Tort Victories
Texas succeeded in holding the line against efforts to roll back civil justice reforms, but the aggressive push by some personal injury lawyers this past legislative session should serve as a wake up call to those who support a legal system based on common sense and fairness.
Guest Editorial: House should defeat asbestos bill
The Texas Senate has passed a bill that will harm an already struggling economy, and soon the House will consider it. This legislation, CSSB 1123, threatens employers by allowing “no proof” asbestos lawsuits. Under this bill, any employer that may have ever had a product containing asbestos on its premises could be found liable for someone’s illness — regardless whether the amount was actually enough to cause any harm to the employee. Employers that have no liability would thus be forced to settle. This amounts to a shakedown by trial lawyers looking to line their own pockets at the expense of business. This drives up the cost of all products for all of us.
Governor urges Texans to “Answer the Call – Serve on a Jury” (TV ad)
Answer the Call – Serve on a Jury Television Ad
Group claims 'eminent threat' of asbestos exposure after hurricane
Hurricane Ike may have passed through Southeast Texas a week ago, but one group is warning residents of another danger ahead - the "eminent threat of asbestos exposure" in the wake of the storm.
Letter: Lawyers get greedy in Enron settlement
The $7.2 billion settlement recently announced in the Enron case – the largest ever in U.S. securities litigation – not surprisingly also spawned the largest ever request for attorneys fees – $688 million plus interest.
Letter: A Bit of Hypocrisy
It seems that what’s good for the goose is not good for the gander when it comes to suing in Texas (“Limited help for lawyers’ victims,” June 23).
Letter: Civil Justice Reforms Good for Texas Economy
A recent economic study shows that Texas’ civil justice reforms have increased permanent jobs and brought in new revenue. This is good news, and our Legislature deserves recognition and thanks for working to rein in the lawsuit abuse that has long tarnished the Lone Star State.
Texas Judge Bans 'Frivolous Lawsuit' Lawyer from Further Litigation
A federal judge in Central Texas recently ruled that a lawyer had such a long history of filing frivolous lawsuits that he banned the attorney from any further litigation in Texas federal courts.
Warning About Health-Related Web Sites
Texas Attorney General Greg Abbott has a warning about some health-related Web sites. Legal watchdog groups say some personal injury lawyers sponsor Web sites that have medical information, but they're actually trying to sell, deceive, or frighten consumers. Citizens Against Lawsuit Abuse says these ads have serious medical implications.
Beware of Medical Information on the Internet
After researching a medical condition on the Internet, have you ever walked away more afraid than informed? As the World Wide Web expands, your chance of running into a fake medical Web site is higher than ever. KXAN's Ellen McNamara joins us with more from the Capitol in a Live Well report.
Letter: Too Many Shirk Jury Duty
Citizens Against Lawsuit Abuse of Central Texas applauds Gov. Rick Perry for answering the call for jury service. Even though Mr. Perry was not selected, he took the time to report to the courthouse as part of the jury pool.
Letter: Know Your Candidates
Do the homework early.
Tort Reform Ongoing
False statements and twisted statistics don't change the fact that Texans overwhelmingly support efforts to inject a measure of common sense and fairness into Texas courts. At the root of Harrington's complaint is that reforms in Texas have dried up some of the obscene profits once expected here by personal injury trial lawyers.
Letter: Next, Sue the Energy Firms
Smart personal injury lawyers are always looking for new ways to make a buck. They've padded their wallets going after deep-pocket industries, filing often-questionable suits over tobacco, pharmaceuticals, asbestos and even fast food.
Veto Sought for Bill Addressing Change in Collateral Source Rule
A bill that allows plaintiffs in personal-injury suits to recover the difference between the medical expenses they incurred and the amount their insurers paid faced little opposition in the Texas Legislature, but at least two groups are urging Gov. Rick Perry to veto it.
Comment: In Fighting Lawsuit Abuse, Texas Scores
Every year, eager footballers from Texas and Oklahoma meet on the gridiron to battle it out in the Red River Rivalry.
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2010