Texans for Lawsuit Reform Strongly Supports Janek Asbestos Litigation Reform Bill

TLR Press Release, March 9, 2005

For Immediate Release
Contact: Chuck McDonald
512-708-8655; chuck@mcdonaldpr.com

AUSTIN, Texas (March 9, 2005) -Texans for Lawsuit Reform today praised Senator Kyle Janek for introduction of Senate Bill 15, legislation designed to end abusive asbestos and silica litigation practices in Texas.

œThis legislation puts those truly ill from silica and asbestos exposure first, and ends the abusive litigation practices that have shortchanged sick people and caused job losses and other economic damage to Texas, said TLR President Richard Trabulsi, Jr.

œWe strongly support this legislation, said Trabulsi. œSenator Janek listened carefully to his Senate colleagues and litigation experts over the past two years, enabling him to make significant constructive improvements in this bill.

œInstead of the cost and complexity of maintaining an inactive court docket for those who do not meet health criteria, those claims that have not commenced trial by the effective date of this legislation will simply be dismissed without prejudice. Those plaintiffs who do develop illnesses in the years to come will have their right to bring lawsuits in future years protected by an extended statute of limitations, he said. "SB 15 allows a person to bring an asbestos or silica related lawsuit at any time that the person meets the medical criteria established in the bill."

œFor far too long mass asbestos law firms have recruited hundreds of thousands of plaintiffs with no discernable health problems related to asbestos and silica exposure through questionable screening tests performed by technicians and physicians in the employ of these law firms, said Trabulsi. œThe net effect is a reduction in awards to legitimate claimants and corruption of our civil justice system at a cost of tens of millions of dollars and thousands of lost jobs.

œRecent Texas court proceedings and scientific studies over the past several years have convincingly called into question the integrity of the health screening tests financed by mass asbestos plaintiff law firms, said Trabulsi. œUnlike federal legislation now under consideration, Senator Janek™s legislation goes to the heart of this problem by establishing fair and inclusive health criteria based on the recommendations of doctors commissioned by the American Bar Association.

œOnly by establishing this medical threshold for lawsuits can we stop mass asbestos lawyers from filing claims on behalf of healthy persons. This practice destroys the ability of companies to adequately compensate the truly ill now and in the future. We know that Governor Perry, Lt. Governor Dewhurst and Speaker of the House Tom Craddick strongly support passage and we hope for speedy enactment in both the Texas Senate and House of Representatives.

 
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