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

Who Wins When Private Lawyers Encourage Government Litigation?

By Lucy Nashed, TLR Communications Director 

The American Tort Reform Association (ATRA) has released a new study on lawsuit trends, and unfortunately, some Texas-based law firms feature prominently.

The study looks at the rise in the use of contingency-fee attorneys by local governments. Many of the lawsuits filed by local governments, with the encouragement of lawyers who stand to profit from the litigation, allege vague public nuisance laws that plaintiff lawyers have “transform[ed] over time into a tool for requiring businesses to remediate environmental and societal conditions regardless of fault.”

In Texas, we’re seeing contingency-fee lawyers recruit local government clients, like cities, counties and school districts for lawsuits involving opioids and construction defects, among other things. The lawyers’ sales pitches are always the same: Let us sue on your behalf. We’ll pay all of the expenses. You won’t owe us a dime unless we win. Anything we win is free money for you to use however you please. 

There is a time and a place for local governments to partner with private attorneys to pursue claims in court. But some of these local lawsuits can actually interfere with efforts to address public policy challenges.

As ATRA notes, “the lawsuits also distract from the need for legislators, regulators, policy experts and the business community to come together to develop real solutions… state attorneys general… might need to intervene, coordinate, consolidate or otherwise manage local lawsuits when they pose an obstacle to the state’s ability to resolve litigation or impede the development of sound public policy.”

There’s no better example of this than the massive tobacco settlement of the 1990s. “Over the past five years, less than 10 percent of the money paid to states under the settlement went to smoking cessation and prevention… in FY 2018 just 2.6 percent of the money collected by states as a result of the settlement—less than three cents per dollar—actually went to programs to prevent underage smoking and help smokers quit.”

As we’ve seen time and again with abusive lawsuits in Texas, with a handful of bad actors involved, it’s more about pursuing a big fee than pursuing justice or good public policy. These attorneys actively solicit their clients, file cookie cutter lawsuits and inflate their legal fees. Worst of all, their contracts usually aren’t subject to public scrutiny—at least not without a fight. 

So who really wins when private lawyers get involved with government litigation? It’s a question well worth exploring.

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Texans for Lawsuit Reform

22 hours ago

Texans for Lawsuit Reform

In case you missed it: Texas judges are stuck between a rock and a hard place. The nature of our state’s partisan election system requires judges to raise money to run political campaigns to serve. Because judicial campaigns are lower profile than other races on the ballot, few voters know about the judges or are willing to make contributions to their campaigns. Instead, the natural constituency for judicial fundraising is attorneys and law firms. But the idea of judges raising money from lawyers who have appeared or might appear in their courtrooms leaves a bad taste in many Texans’ mouths. Read and share: bit.ly/355ziMH ... See MoreSee Less

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A Rock and A Hard Place

tortreform.com

The nature of our state’s partisan election system requires judges to raise money to run political campaigns to be elected or re-elected to a seat on the bench. Because judicial campaigns...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

Trial lawyer ads are everywhere: television, the radio, even on social media. Many ads use blaring headlines, dire warnings, and even government agency logos to claim doctor-prescribed medications could be deadly... These ads promise big money if consumers sign up to sue. Read and share: bit.ly/357SEAR ... See MoreSee Less

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Misleading TV Ads Make Trial Lawyers Rich

tortreform.com

Trial lawyer ads are everywhere: television, the radio, even on social media. Many ads use blaring headlines, dire warnings, and even government agency logos to cl...
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Fuck you guys. It's Impossible to sue in Texas no matter what happens to you. Google a lawsuit in Tarrant County District Court 141 filed by myself where I'm fighting 20 attorneys.

They are the real problem. Mainly because they buddies in every legislature write the laws to favor them and not us! Fire them all!

Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

More than 500 cities and counties opted out of the unprecedented “negotiation class” proposed by plaintiff lawyers to settle sprawling opioid litigation, leaving 98% of the 34,458 U.S. cities and counties technically still in the class. Read and share: bit.ly/38pcGJ0 ... See MoreSee Less

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More than 500 cities and counties reject opioid class action, will pursue lawsuits on their own

tortreform.com

More than 500 cities and counties opted out of the unprecedented “negotiation class” proposed by plaintiff lawyers to settle sprawling opioid litigation, leaving 98&pe...
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lawsuitreform avatarTLR@lawsuitreform·
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lawsuitreform avatarTLR@lawsuitreform·
22h

#ICYMI: It’s time Texas took a hard look at our antiquated system of electing all of our state’s judges. Texas is one of only six states to do so. Read & RT: #lawsuitreform #tortreform

A Rock and A Hard Place

The nature of our state’s partisan election system requires judges to raise money to run political campaigns to be elected or re-elected to a se...

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
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All rights reserved.
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