Texans for Lawsuit Reform

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In the News

Trial lawyer greed in time of need

Washington Examiner, April 14, 2020

By Victor Schwartz

Many trial lawyers, like most people, are doing everything they can to abate the coronavirus. Others, however, appear to see this pandemic as a major business opportunity. As with other types of litigation, their goal is to find a way to externalize responsibility for someone’s disease upon a solvent and ideally “deep-pocketed” business or industry.

When this pandemic runs its course, litigation will likely follow. How much it spreads, much like the coronavirus, remains to be seen. Lawsuits, however, will likely take many forms. They will range from individuals suing thoughtless neighbors who sneezed in public while exhibiting symptoms, to actions against large entities who said or did virtually anything that facilitated the virus’s spread. It is only a matter of time until we see daily trial lawyer advertisements asking, “Have you or a loved one been harmed by the coronavirus?”

Manufacturers of protective equipment could be another litigation target. Lawmakers have already seen this coming with respect to the manufacturers of N95 respirators and other respiratory devices. One little noticed provision in the CARES Act, the federal government’s $2.2 trillion stimulus package, is a liability protection for respiratory devices approved by the National Institute for Occupational Safety and Health. Even so, the public’s rush to obtain masks and other protective gear, even gear not advertised to safeguard against the coronavirus, leaves many manufacturers vulnerable to lawsuits.

Owners of cruise ships have already been sued. The allegation there is that they did not do enough to protect passengers. Similar theories can be deployed against any business where people still gather and become exposed to the coronavirus — for example, drug stores and supermarkets. Walmart, for instance, has already been targeted. Although it is not easy for a person to prove he or she “caught” the virus in such a place, one need only convince a jury sympathetic to the widespread harm of this pandemic. Lawyers may also put forth experts who advance highly attenuated causation theories, which some judges may entertain in this unusual situation of a global pandemic.

So what can and should be done to stop an onslaught of unsound coronavirus litigation? First, the public should be made aware of the havoc such litigation could sow in exacerbating already challenging and uncertain economic times. Simple exposure of abusive lawsuits could prevent their spread.

Second, federal and state lawmakers should establish enhanced liability protections for affected front-line industries — for example, medical facilities, pharmaceutical suppliers, and other manufacturers and providers of lifesaving products and services. Broader general immunity for businesses that have not acted recklessly or intentionally to infect patrons should also be considered.

This pandemic has already caused enormous devastation. No one should be allowed to exploit it by using litigation to cash in on a crisis, inflict greater economic harm, and slow our nation’s path to economic recovery.

Victor Schwartz is an attorney in Washington, D.C., and co-author of the most widely used torts casebook in the United States.

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Texans for Lawsuit Reform

8 hours ago

Texans for Lawsuit Reform

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Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

The federal judge who supervises multidistrict opioid litigation had ordered a certain percentage of future opioid settlements to be set aside for plaintiffs’ lawyers who have similar cases outside the MDL, diverting more settlement money away from the victims. Read & share: bit.ly/3NqcDQP ... See MoreSee Less

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Texans for Lawsuit Reform

2 days ago

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A month passed before Harris County courts brought in 18-year-old Corey Hodges, who violated his bond conditions 37 times. Crime Stoppers’ Andy Kahan blames the initial judge's lack of enforcement on his first bond violation back in 2015. Read and share: bit.ly/3A6vLjC ... See MoreSee Less

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TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

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TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

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Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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