With Nuclear Verdicts on the Rise, Texas Legislature Works to Address Reptile Theory in Courts
Nuclear verdicts have jumped over 300% in the past decade, according to an analysis in JD Supra, and the average verdict size for a lawsuit involving a truck collision has increased from $2.3 million to $22.3 million. Eric Zalud, co-chair of Benesch’s Transportation and Logistics Practice Group, argues that the drastic jump in the dollar amount of these suits has been propagated by a sophisticated yet primordial strategy known as the Reptile Theory.
State legislatures across the United States are taking notice of this issue, and its effects upon the transportation sector in particular, and are working towards legislative fixes. One of the first bills to address this problem directly, Texas House Bill 19, recently passed on a bipartisan basis and will take effect in September. The law aims to compartmentalize the trial process and create new procedural thresholds, with the goal of putting the brakes on the Reptile Theory.
The 88th Texas Legislature passed HB 1745–addressing liability issues for rideshare companies. TLR is grateful to Rep. Leach and Sen. Nichols for their leadership on this issue to keep Texans moving!
Concerns are growing that personal injury trial lawyers' advertisements on television and billboards are contributing to “social inflation,” resulting in longer trials and larger settlements that aren’t supported by facts or case law.
'$10 Million? You don't blink at that anymore': Are lawyer billboards affecting juries?
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The causes behind the social inflation theory are numerous, but one of them is that attorney advertising affects the public in unexpected ways, according to some defense lawyers. Editor’s Note: This...HB 4218—addressing liability issues for rented or leased motor vehicles—has passed the Texas House and Senate and is headed to Gov. Abbott’s desk. TLR thanks Sen. Middleton and Rep. Leach for their leadership on this important bill that improves last session’s HB 19!
