TLR vs. TM

Introduction

In its November issue, TEXAS MONTHLY published an article by Mimi Swartz entitled “Hurt? Injured? Need a Lawyer? Too Bad!” The thesis of the article is that Texans for Lawsuit Reform has single-handedly manipulated Texas’s tort system to deprive injured Texans of their day in court. That thesis is neither accurate nor justified. TLR, its leadership and its 13,700 members, share a genuine concern and have real sympathy for those who have been injured by another person’s or company’s wrongful actions. TLR has no interest in a civil justice system that deprives these individuals of fair compensation for the wrongs done to them. TLR’s only goal, since its inception, has been to help Texas achieve a civil justice system that is efficient and fair to all litigants.

Ms. Swartz’s article, unfortunately, is clearly intended to support her thesis rather than to present an unbiased discussion about the Texas civil justice system. The article is misleading, inaccurate, and, in many respects, entirely incorrect in its statements of fact and law. The purpose of this memorandum is to summarize the most notable errors and omissions in the article, both legal and factual. Due to the pervasiveness of these inaccuracies and the obvious bias of the author, we formally request that TEXAS MONTHLY issue a complete correction of the erroneous and misleading statements.