What happened: The Texas Supreme Court heard oral arguments in the Werner Enterprises case, where a 2018 $90 million nuclear verdict is being contested.

Remind me: This case stems from a 2014 crash in icy conditions near Odessa, Texas, where a passenger vehicle crossed the median into the Werner truck’s lane in oncoming traffic. 

• Despite a state trooper’s report saying Werner could not have prevented the accident and the Werner driver did everything right, a jury found Werner 70% liable for the wreck.

Tell me more: Werner’s legal team contends that the verdict imposed a new duty on trucking companies that isn’t supported by existing precedents. 

Worth noting: The Admission Rule, which lets companies streamline lawsuits by accepting liability for employee actions, was ignored in this case, allowing the plaintiff’s attorneys to use irrelevant evidence to influence the jury’s verdict.

• TLR filed an amicus brief in this case urging the court to uphold the rule.

TLR Thoughts: The Werner case highlights the dangers of nuclear verdicts, where plaintiff’s lawyers use emotional appeals and push expansive theories of liability to distract juries from the facts of the case. Cases like this are why the Lone Star Economic Alliance was formed—to advocate for a balanced legal system that ensures accountability when Texans are injured without allowing plaintiff’s lawyers to manipulate the legal process for profit.

Read the full article here.

What happened: Gov. Greg Abbott launched the Small Business Freedom Council to identify and reduce unnecessary regulations for Texas businesses.

Tell me more: Gov. Abbott emphasized fostering an environment where small businesses can thrive, calling on state agencies to identify barriers to success.

• The Small Business Freedom Council will review these recommendations and provide a report for further action.

In his own words: “One of my priorities as Governor is to empower small business owners and entrepreneurs by providing the best environment for small business growth… Together, we will ensure that Texas remains the best place to live, work, and start a business,” —Gov. Greg Abbott

TLR Thoughts: Gov. Abbott’s initiative marks meaningful progress toward fostering small business growth in Texas. However, even the most business-friendly regulatory environment won’t be enough to protect small businesses from the crippling effects of meritless lawsuits and exploitative legal tactics. It’s critical to pair regulatory reform with a strong commitment to ending abusive litigation tactics that are resulting in company-crippling judgments.

Read the full press release here.

What happened: The Texas Business Court is redefining corporate litigation with a focus on efficiency, innovation and attracting high-profile business disputes.

Remind me: The court was established to address high-dollar, complex business-to-business cases, providing faster rulings and specialized expertise, and officially began operations on Sept. 1, 2024.

Tell me more: The business court offers Texas businesses a more efficient, specialized and transparent approach to resolving disputes than filing in a traditional district court. 

• Its innovative model could position Texas as a serious challenger to Delaware’s long-standing dominance in corporate governance.

TLR Thoughts: The Texas Business Court is a bold opportunity for the state to lead in corporate governance. Looking ahead, the Legislature can do more to improve the business court’s operations in the upcoming legislative session, as well as bolster the corporate governance laws that fall within the business court’s jurisdiction.

Read the full article here.

What happened: Home and auto insurance rates have surged across Texas, leading to bipartisan discussions on how to tackle the growing crisis.

How we got here: Texas’ legal environment—plagued by nuclear verdicts and unnecessarily inflated settlements—has significantly contributed to rising insurance costs. 

Tell me more: Everyone is facing increasing insurance premiums, from families looking for homeowners or personal automobile coverage to small businesses looking for general liability coverage.  

In his own words: “We’re No. 1 in what we call ‘nuclear verdicts… We do need to look at lawsuit reform.” –Rich Johnson, Insurance Council of Texas

TLR Thoughts: Excessive lawsuits and inflated verdicts and settlements force insurance companies to raise premiums or leave the market altogether, leaving consumers with higher costs and fewer choices. In response to this, Texans have joined together to form the Lone Star Economic Alliance to advocate for reforms to curb litigation abuse and bring transparency to litigation. Lawmakers can restore balance to the system and ease the financial burden on Texans by passing common-sense reforms in 2025.

Read the full article here.

What happened: Maine is the latest state to file a climate nuisance lawsuit against major oil companies.

Tell me more: This follows a wave of similar lawsuits, including California’s case against ExxonMobil, showcasing a growing strategy of using the courts to circumvent the appropriate legislative and regulatory processes and impose energy policy.

Worth noting: Many climate nuisance lawsuits have been delayed due to legal challenges over whether they should be filed in state or federal court. Courts have ruled in the past that these lawsuits are not an appropriate use of the public nuisance doctrine.

• Still, the ongoing debate highlights the legal uncertainty these lawsuits create for the energy industry, which is critical to our national security and countless jobs.

TLR Thoughts: The public nuisance lawfare problem isn’t going away. Texas lawmakers must act to protect the state’s energy sector and economy from this growing trend and keep public policy decisions where they belong—within the legislature.

Read the full article here.

What happened: Climate activists are increasingly turning to lawsuits against energy companies, prompting debates about whether courts are the appropriate venue for such policy-driven issues.

Tell me more: Frustrated with politics, activists are suing energy companies over climate issues. But critics say these cases push courts into policy roles meant for lawmakers.

• Recent cases argue that state laws are being improperly used to regulate global energy and climate policies, creating conflicts with federal priorities and regulations.

Worth noting: The U.S. Supreme Court is currently considering petitions related to climate cases, including a challenge to a Hawaii Supreme Court ruling that allowed such lawsuits to proceed. A ruling could set a critical precedent for future climate litigation.

TLR Thoughts: Courts should not be used to impose public policy decisions better suited for state legislatures, Congress and regulators. The Texas Legislature can ensure our courts remain focused on delivering justice—not crafting policy—by passing common-sense reforms to rein in the use of broad public nuisance lawsuits that legislate through litigation.

Read the full article here.

What happened: Climate nuisance lawsuits targeting oil companies, if successful, could potentially extend to other industries with high carbon emissions.

Tell me more: Other cases following a similarly opportunistic model motivated by potential financial gains could expand nuisance claims to utilities, steel, plastics, cement and ammonia industries.

• We’ve already seen nuisance litigation spread to car manufacturing, packed goods companies and beef producers.

Worth noting: Over two dozen states and local governments are currently pursuing billion-dollar climate-related lawsuits against oil companies.

• Fragmented state rulings could disrupt regulatory frameworks, complicate environmental policy and undermine economic and job considerations in policymaking.

In her own words: “Trial attorneys are not going to be limited by a view of what’s good policy as they’re filing lawsuits. They’re going to look at who has deep pockets or who is someone that I feel my law firm could prevail against.”—Gale Norton, former U.S. interior secretary

TLR Thoughts: A patchwork approach to climate policy through state-by-state lawsuits could devastate America’s energy industry, eliminate thousands of jobs and weaken national energy security. It’s only a matter of time until this expansive litigation playbook is used against other industries. Texas lawmakers should act to curb the overreach of public nuisance lawsuits before they disrupt more sectors of our economy.

Read the full article here.

What happened: A recent report has drawn a connection between widespread attorney advertising for auto accident claims and increasing auto insurance costs across the U.S.

Tell me more: The Insurance Research Council (IRC) surveyed consumers nationwide to assess opinions on attorney advertising’s impact on auto insurance.

• Findings show a growing link between lawyer ads for accident claims and the increased frequency and cost of claims, which contribute to rising insurance premiums.

By the numbers: 60% of respondents agreed that attorney advertising increases the number of auto claims, up from 55% in 2021.

• 52% felt these ads increase their auto insurance costs, a rise from 45% in 2021.
• Awareness of third-party litigation financing is also on the rise, with most respondents favoring transparency when outside investors are involved in litigation.

TLR Thoughts: Plaintiff’s attorneys have created a culture of litigation in Texas, where even the most minor event can lead to a lawsuit, regardless of who was at fault. Texas can’t sustain an environment where lawsuits are the rule, not the exception. The Texas Legislature should consider the impact rampant attorney ads are having on litigation rates and insurance costs for Texas families and employers.

Read the full article here.

What happened: As the 2025 Texas legislative session approaches, the Texas judiciary is requesting a 30% base pay raise to help fill vacancies and retain judges.

Remind me: The Legislature declined to increase judicial pay in 2023. The last time judges got a raise was 12 years ago.

Tell me more: Texas ranks 49th in the nation for judicial pay, and many judges cite salary as a key factor in their decision to retire. 

• The issue is particularly urgent as courts struggle to fill vacancies, with some areas experiencing multiple unfilled judicial positions.

TLR Thoughts: It’s clear that Texas’ judicial pay levels are hurting the state’s ability to attract and retain competent and experienced judges. Without adequate pay, Texas risks further strain on its courts and delays in case resolution, both of which can impact public safety and the rule of law.

Read the full article here.

What happened: Voters in Texas ushered in a historic shift, electing Republican judges statewide and flipping appellate courts in traditionally Democratic strongholds.

Remind me: Texas has 15 appellate courts with a total of 83 justices. 

• Every six years, majorities on the urban courts are up for election. 2024 was one such year and the next will be 2030.
• Republicans won all seats up for election on the 1st, 4th, 5th, 13th and 14th Courts of Appeals, securing majorities in regions of the state that are otherwise regarded as Democrat strongholds–Houston, San Antonio, Dallas and South Texas.

Worth noting: Because the Texas Supreme Court and Court of Criminal Appeals hear a limited number of cases each year, the intermediate appellate courts are the final stop for some of the most consequential issues in our state.

TLR Thoughts: The 2024 judicial election results mark a historic shift in Texas appellate courts. TLR’s sister organization, Judicial Fairness PAC, played a strong role in helping educate voters about these important races. These victories signal a strong demand for rule-of-law judges committed to Texas values, safeguarding public safety and ensuring accountability across the state’s judiciary.

Read the full article here.

What happened: The day after Los Angeles County filed a lawsuit against PepsiCo and Coca-Cola, accusing their product packaging of creating a public nuisance, a similar lawsuit against PepsiCo was dismissed in New York.

Tell me more: These lawsuits are the latest attempts to hijack public nuisance law to legislate through litigation, an overbroad and inappropriate use of the courts that has been dismissed by judges in the past.

• The judge in the New York case ruled it would run “contrary to every norm of established jurisprudence” to punish PepsiCo, because it was people, not the company, who ignored laws prohibiting littering.

In his own words: “While I can think of no reasonable person who does not believe in the imperatives of recycling and being better stewards of our environment, this does not give rise to phantom assertions of liability that do nothing to solve the problem that exists… The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime.” –New York Supreme Court Justice Emilio Colaiacovo

Remember this? California filed a nuisance lawsuit against ExxonMobil in September for its role in plastics production.

TLR Thoughts: PepsiCo’s public nuisance rollercoaster—with one state-based public nuisance claim filed the day before a similar state-based claim is thrown out—is a glaring example of how a patchwork of state nuisance lawsuits can quickly become a quagmire for businesses operating around the country. The Legislature has a critical opportunity to stop this trend from taking hold in the Lone Star State.

Read the full California article here.

Read the full New York article here.

What happened: Oil and gas companies are facing skyrocketing insurance costs and limited coverage options as a result of abusive and unnecessary lawsuits. 

Tell me more: The industry has seen a surge in auto insurance claims, with settlements rising from $50,000 a decade ago to $500,000 to $1 million today, placing significant financial strain on oilfield operators.

• Paired with the inflation of rank-and-file lawsuit settlements, the threat of nuclear verdicts—or jury awards exceeding $10 million—further exacerbates these rising costs and creates an unpredictable legal environment.

In his own words: “Oil and gas carriers have a target on their back. The easiest way for everyone to win is for legislation to establish guidelines.”—Ryan Edgmon, managing director of the energy division at Higginbotham Insurance and Financial Services 

TLR Thoughts: Texas’ energy industry isn’t alone in facing unsustainable insurance costs that threaten its ability to operate and create jobs. Every Texan is feeling the effect of unnecessary litigation on their insurance premiums, whether a small business or a family renewing their personal automobile insurance coverage. Without legislative action to address the abusive litigation tactics that drive these lawsuits—like inflated medical bills—we’ll all continue to pay the price.

Read the full article here.