Trabulsi: Class action claims should be settled promptly, efficiently
By Richard J. Trabulsi, Jr.
We in Texans for Lawsuit Reform have long suggested that the wisest way for major corporations to handle their mass litigation is to vigorously defend lawsuits in the courthouse when they believe that they did not cause harm to the plaintiffs or when they believe that the plaintiff lawyers are seeking damages in excess of the harm actually caused. On the other hand, it is also our view that corporations should recognize when their acts or omissions have caused harm and should then move quickly to pay legitimate claims in a full, fair and efficient manner to those parties who were harmed.
We believe the State of Texas should enact legislation to encourage “voluntary compensation plans” in situations where an act or omission has caused harm to multiple parties. The law would establish a structure whereby defendants could create a compensation plan that harmed parties could voluntarily access in order to receive a quick and fair settlement on their claims without the risk, delay and expense of litigation. This would provide the most efficient way to maximize the actual recovery by a claimant and speed the time in which the claimant receives recovery, while minimizing the wasteful costs of excessive legal fees, court expenses and delay. Both plaintiffs and defendants would benefit from such a plan. The State would also benefit by not having its courts tied up for years or decades in mass tort litigation.
Trabulsi is president of Texans for Lawsuit Reform