Werner Case at Texas Supreme Court: Did Driver Fail to Perform a Legal ‘Duty’?
What happened: The Texas Supreme Court heard oral arguments in the Werner Enterprises case, where a 2018 $90 million nuclear verdict is being contested. Read more
Remind me: This case stems from a 2014 crash in icy conditions near Odessa, Texas, where a passenger vehicle crossed the median into the Werner truck’s lane in oncoming traffic.
- Despite a state trooper’s report saying Werner could not have prevented the accident and the Werner driver did everything right, a jury found Werner 70% liable for the wreck.
Tell me more: Werner’s legal team contends that the verdict imposed a new duty on trucking companies that isn’t supported by existing precedents.
Worth noting: The Admission Rule, which lets companies streamline lawsuits by accepting liability for employee actions, was ignored in this case, allowing the plaintiff’s attorneys to use irrelevant evidence to influence the jury’s verdict.
- TLR filed an amicus brief in this case urging the court to uphold the rule.
TLR Thoughts: The Werner case highlights the dangers of nuclear verdicts, where plaintiff’s lawyers use emotional appeals and push expansive theories of liability to distract juries from the facts of the case. Cases like this are why the Lone Star Economic Alliance was formed—to advocate for a balanced legal system that ensures accountability when Texans are injured without allowing plaintiff’s lawyers to manipulate the legal process for profit.
Indictment Reveals Alleged Staged Auto Collision Scheme in New Orleans
What happened: Eight individuals and two law firms in New Orleans have been indicted in a scheme involving staged car accidents and fraudulent insurance claims. Read more
Remind me: Insurance fraud schemes like staged accidents are becoming increasingly common.
Tell me more: The indictment details a scheme where some participants deliberately caused accidents before fleeing the scene, enabling false insurance claims and lawsuits.
TLR Thoughts: The alarming rise of staged accident fraud in states like New York and Louisiana shows how easily fraudsters exploit the system for financial gain. But not only do they make money, they cost you money! Scams like staged accidents result in higher insurance premiums for all drivers. Let’s hope this kind of cheating stays somewhere else!
Governor Abbott Launches Small Business Freedom Council
What happened: Gov. Greg Abbott launched the Small Business Freedom Council to identify and reduce unnecessary regulations for Texas businesses. Read more
Tell me more: Gov. Abbott emphasized fostering an environment where small businesses can thrive, calling on state agencies to identify barriers to success.
- The Small Business Freedom Council will review these recommendations and provide a report for further action.
In his own words: “One of my priorities as Governor is to empower small business owners and entrepreneurs by providing the best environment for small business growth… Together, we will ensure that Texas remains the best place to live, work, and start a business,” —Gov. Greg Abbott
TLR Thoughts: Gov. Abbott’s initiative marks meaningful progress toward fostering small business growth in Texas. However, even the most business-friendly regulatory environment won’t be enough to protect small businesses from the crippling effects of meritless lawsuits and exploitative legal tactics. It’s critical to pair regulatory reform with a strong commitment to ending abusive litigation tactics that are resulting in company-crippling judgments.