Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

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For the Record

An Open Letter

By: Lucy Nashed, TLR Communications Director

Dear Merck,

Consider this letter a standing invitation to move to Texas.

The U.S. Supreme Court just heard argument in a lawsuit filed against you alleging failure to provide an adequate warning about one of your prescription drugs. You had asked the Food and Drug Administration (FDA) to allow you to warn consumers that use of your osteoporosis medicine might create an increased risk for upper-leg fractures. The FDA refused to approve the warning you requested, and so you moved forward using the warning label the FDA did approve, which is the only thing you could do.

Through the years, you continued to work with the FDA on the warning label for your product. Eventually, the FDA agreed with your evidence that the product might increase the risk of an upper leg fracture. The FDA then approved a new warning label for your product, noting the identified risk.

Of course, when the warning label changed, the trial lawyers took notice. After you changed your label, many people who had used your product and allegedly suffered femoral fractures sued you, alleging that you had failed to warn them about the bone-fracture risk. Over 1,000 of these cases were sent to a multi-district litigation proceeding in federal court in New Jersey.

The case of one of the thousand plaintiffs was selected for trial and the question was presented: can a pharmaceutical company that used a prescription medication warning label approved by the FDA be sued under state law for failing to include a particular warning about possible ill-effects of its product?

In other words, can you do exactly what the government tells you to do and still get sued?

We hope the U.S. Supreme Court will conclude that complying with government standards is an absolute defense to liability in a case like this.

Texas amended its product liability laws 15 years ago to provide that if a pharmaceutical company uses a warning label approved by the FDA—and did not lie to the FDA to get the approved label, as is the case here—then the company cannot be liable under Texas law for any deficits in that label.

So Merck, as you can see, Texas is well ahead of the nation on issues like this. We’ve been working for 25 years to keep our legal system fair and efficient, which is why Texas is the best place in the nation to do business.

Come to Texas. It’s warm and sunny here. The people are enterprising, hard-working and friendly. Regulations are reasonable, taxes are low, and the civil justice system is fair and balanced.

The opportunity to do business in Texas is limitless!

Warmest regards,
Texans for Lawsuit Reform

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Texans for Lawsuit Reform

8 hours ago

Texans for Lawsuit Reform

Over the past two years, local officials in states nationwide have filed so-called “public nuisance” lawsuits against fossil fuel companies, arguing they should be held financially responsible for climate-change impacts such as sea level rise. Read and share: bit.ly/2BBwiLe ... See MoreSee Less

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Cooperation, not lawsuits, right way forward for Florida on climate

tortreform.com

The reality is that, having experienced a string of losses, trial attorneys are now shopping around for new plaintiffs to push their flawed legal theory. Even if that means finding ...
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Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

The commission said attorney Omar Weaver Rosales engaged in dishonest and frivolous litigation by threatening to sue website operators for baseless ADA violations unless they paid him $2,000 to go away. Rosales has thus far succeeded in beating back the commission’s effort to sanction him, convincing a trial judge to dismiss the complaint as a violation of the Texas Citizens Participation Act, the state’s anti-SLAPP statute barring litigation found to be in violation of a defendant’s “right to free speech, right to petition, or right of association.” Read more here: bit.ly/2TTuC76 ... See MoreSee Less

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State Bar to Ask Appeals Court to Revive Discipline Case Against Austin Lawyer

tortreform.com

A panel of Texas’ Third District Court of Appeals judges will hear arguments Tuesday in a case pitting the State Bar of Texas’ Commission for Lawyer Discipline against an Austin lawyer fig...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

The 86th Legislative Session has begun and the latest issue of the TLR Advocate is in mailboxes now! Read about some of the legislative priorities TLR is working on and catch up today on the latest with storm-chasing lawyers, climate change lawsuits and more. Read and share: bit.ly/2V2PM2P ... See MoreSee Less

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TLR Advocate February 2019

tortreform.com

After more than two decades of tort reforms enacted by the Texas Legislature, it is time to give increased attention to the organization and efficiency of the Texas court system.
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lawsuitreform avatarTLR@lawsuitreform·
4h

TLR has proposals to rationalize our court system to make it more administratively efficient, to improve access to justice, & to have cases resolved in less time & with less expense. Read & RT the latest issue of the TLR Advocate: #txlege

TLR Advocate February 2019

After more than two decades of tort reforms enacted by the Texas Legislature, it is time to give increased attention to the organization and efficienc...

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lawsuitreform avatarTLR@lawsuitreform·
6h

The TLR Speaker's Bureau is available to address business, professional or civic groups in communities across the state. Book a TLR speaker today!

Invite a TLR Speaker

TLR’s Speaker’s Bureau has volunteers available across the state to speak at your group’s next meeting. These engaging presentations...

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lawsuitreform avatarTLR@lawsuitreform·
8h

The past two years local officials in states nationwide have filed “public nuisance” lawsuits against fossil fuel companies, arguing they should be financially responsible for climate-change impacts. Read & RT: #lawsuitreform

Cooperation, not lawsuits, right way forward for Florida on climate

The reality is that, having experienced a string of losses, trial attorneys are now shopping around for new plaintiffs to push their flawed legal theo...

bit.ly

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
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  • Invite a TLR Speaker
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  • Contact TLR

Copyright © 2019 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2019 · Texans for Lawsuit Reform.
All rights reserved.
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