In the News

The Texas House on Monday approved a watered-down version of “loser pays” legislation that seeks to add financial penalties for filing frivolous lawsuits.

Texas’ top judge called Tuesday for a sweeping top-to-bottom review of the state courts system, suggesting that changes need to be made in the complex patchwork of justice.

Have insurance companies in Texas suddenly become less greedy? Last week Texas Medical Liability Trust, the state’s largest provider of liability insurance to Texas physicians, announced a $48 million liability cost reduction. Coming on top of three earlier cuts, this is believed to be the largest single-year saving ever offered by a U.S. physician carrier. TMLT is not alone. In the last three years every major carrier in Texas has cut its rates, most by double-digits.

For five months every two years, Texans get the chance to actually see if their legislators are true to the principles and promises made in their campaigns. But those who oppose the promises made by these elected public officials, and whose candidates lost their elections, often wage misinformation campaigns to intimidate legislators from making good on their campaign commitments.

The squabble over spending and salaries is a continuation of an ongoing fight between the court’s two Republican members — Precinct 3 Commissioner Tom Ramsey and Precinct 4’s Jack Cagle — and the majority Democrats — Garcia, Precinct 1 Commissioner Rodney Ellis, and County Judge Lina Hidalgo. Ramsey and Cagle have decried what they consider inadequate law enforcement and prosecutor budgets.

Roy Pearson, a former infamous D.C. judge, wanted more than three years’ worth of extra rent paid, triple damages, and to submit additional evidence of damages. The Court of Appeals refused the frivolous case on March 3rd.

U.S. employers already are subjected to Covid-related personal-injury, employment, contract and other lawsuits and claims. Legislation that relaxes the need to prove causation or authorizes statutory minimum damages, regardless of whether a plaintiff experienced an injury, is dangerous and would lead only to unnecessary and abusive lawsuits.

Trials create narratives that are “plot-driven.” When judges attempt to see them as “character-driven,” real people can be denied justice. If the judges approach a case from viewing a case through a novel lens, they may be focused on the character of the people involved rather than the actions.

As a trial lawyer who makes his living in the courtroom, I know and appreciate the sacrifice made by the people in the jury box.