AUSTIN – Texans for Lawsuit Reform (TLR) today issued the following statement regarding Speaker Joe Straus’ decision not to run for reelection to the Texas House of Representatives:

“Speaker Straus has been a steadfast champion for a fair, efficient and accessible legal system in Texas, and his support has been critical in helping Texas enact common-sense lawsuit reforms during every session in which he served as speaker,” TLR President Richard J. Trabulsi Jr. said. “Speaker Straus is a gentleman, and his civility has been a hallmark of his public service. We wish him, Julie and their family the best in this new chapter.”

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TLR STATEMENT ON FINAL PASSAGE OF HB 274
Omnibus Tort Reform Bill Marks the Most Significant Achievement in Lawsuit Reform
Since SB 15 (2005) and HB 4 (2003)

(Austin, TX) HB 274, the 2011 Omnibus Tort Reform Bill, gained final passage on the floor of the Texas House today with a vote of 130 to 13.  The legislation is now headed to Governor Rick Perry for his signature.  TLR President Richard J. Trabulsi Jr., said:

“HB 274 is the most significant legislation impacting the Texas civil justice system since SB 15 in 2005 (asbestos litigation reform) and HB 4 in 2003 (The Omnibus Tort Reform Act).  This bill, which was bitterly opposed by the Texas Trial Lawyers Association until the last minutes of deliberation in the halls of the Senate, has gained final passage through the energetic leadership of Gov. Rick Perry, Lt. Gov. David Dewhurst and Speaker Joe Straus.  HB 274’s sponsors, Rep. Brandon Creighton (R-Conroe)and Sen. Joan Huffman (R-Southside Place), worked tirelessly on the legislation.  Rep. Jim Jackson, (R-Carrollton), Chairman of the House Judiciary and Civil Jurisprudence Committee and Sen. Robert Duncan (R-Lubbock), Chairman of the Senate State Affairs Committee, were instrumental in the development of the bill.  Calendars Chair Todd Hunter, (R-Corpus Christi) also played a crucial role, as he did on tort issues in the 2009 session.”

The major provisions of the Omnibus Tort Bill of 2011 were part of Gov. Perry’s campaign platform last year and he actively advocated for the Bill in the legislative process.  Both Speaker Straus and Lt. Governor Dewhurst provided parliamentary leadership at critical times to assure passage of HB 274.

As with HB 4 in 2003, the Texas House of Representatives took the lead in passing this important omnibus tort bill.  Besides Speaker Straus, Rep. Creighton and Chairman Jackson, several other Members had critical roles in the development and passage of HB 274, including Representatives Tim Kleinschmidt (R-Lexington) and Kenneth Sheets (R-Dallas), who were active in crafting and advocating the offer of settlement provision. Rep. Tryon Lewis (R-Odessa), who served as a state district judge for 21 years, crafted and advocated the responsible third party provision of the bill. Representatives Jerry Madden (R-Richardson), Sarah Davis (R-West University Place),and Lewis served on the Subcommittee handling HB 274.  Committee Members Beverly Woolley (R-Houston),Dwayne Bohac, (R-Houston)and Connie Scott, (R-Corpus Christi),consistently supported the bill.

In the Senate the Lt. Governor and Sen. Huffman worked hard to achieve the necessary votes through negotiations between the stakeholders.  Chairman Duncan was active in the negotiations. While the bill produced by the Senate process was a less pure and sweeping bill than the one passed by the House, the legislation in its final form significantly improves Texas jurisprudence and received all 31 Senators’ votes as well as 130 Members of the House.

HB 274 contains the following civil justice reforms: 

Meritless Lawsuits Can Be Dismissed Early

HB 274 instructs the Texas Supreme Court to write new procedural rules modernizing our legal procedure for evaluating whether lawsuits have any legal basis early in a lawsuit.  Such a procedure is commonly called a “motion to dismiss” procedure.  Federal courts and 42 states utilize such a procedure and have for decades.  It  is well-tested and works well all across the country.  It allows courts to dismiss cases that should not have been filed, and requires courts to assess fees and costs against losing parties. 

Smaller Claims Can Be Litigated More Quickly and Less Expensively

HB 274 also instructs the Texas Supreme Court to write new procedural rules to expedite cases in which the amount in dispute is $100,000 or less.  When you have a relatively small claim, it can sometimes be prohibitively expensive and time consuming to litigate the case through a trial.  HB 274 seeks to establish an efficient process by which smaller claims can be heard in court without the expenditure of so much time and money as to make recovery meaningless.

Controlling Questions of Law Can Be Decided Earlier in a Lawsuit

Texas will now adopt a procedure for getting answers to certain types of difficult legal questions that will determine the outcome in a case without the need for or the expense of a trial.  These types of legal questions are called controlling questions of law.  They do not come up in most cases, but when they do, it can save everyone enormous amounts of time and expense if the appellate courts can resolve the controlling question of law prior to trial.  Both the trial judge and the appellate court judges need to agree that it should be used.  This procedure has been available in federal courts for a long time and it works.

Certain Litigation Costs Can Be Shifted To a Party Rejecting a Settlement Offer

HB 274 also amends our current law on offer of settlement relating to the allocation of litigation costs when a party makes a reasonable settlement offer, but the offer is rejected.  The offer of settlement law is designed to encourage parties in a lawsuit to make reasonable settlement offers earlier in cases rather than later.  Most cases settle, few go all the way to trial.  If we can encourage parties to settle earlier, it will save everyone time and money.  The idea behind the offer of settlement provision is that if you turn down a reasonable offer to settle a lawsuit you might have to pay the other side’s litigation costs because it is your fault that the lawsuit kept going and kept costing time and money.  If a person is unreasonable in keeping a lawsuit going when it should have stopped, that person ought to pay for imposing those costs on the other side.  Our current offer of settlement law does not get used because it does not impose equal financial risk on the parties.  HB 274 corrects this and equalizes the risk of paying litigation costs for both sides.

Statutes of Limitation Defenses Cannot Be Defeated by the Designation of Responsible Third Parties

Our current law relating to the designation and potential joinder of responsible third parties in lawsuits has a flaw that allows parties that are actually in lawsuits to manipulate the system in a way that operates to override statutes of limitation.  The result is that, in certain circumstances, parties could face claims and have to defend themselves in lawsuits when the claims would have otherwise been barred by limitations.  HB 274 corrects this problem and makes clear that statutes of limitation do not get overridden by the law relating to the responsible third party practice.  HB 274 does, however, provide that if the defendant fails to disclose to a plaintiff the existence of a responsible third party in a timely manner and causes a plaintiff to lose the opportunity to join the third party in the lawsuit because limitations has run, the defendant will not get the benefit of designating the third party as a responsible third party.  This places the burdens on the correct parties – those in the lawsuit – and does not force a nonparty to face revived claims that otherwise are barred by limitations.

Texans for Lawsuit Reform, the state’s largest civil justice reform organization, is a bipartisan, volunteer-led coalition with more than 17,000 supporters residing in more than 869 Texas communities and representing 1,253 different businesses, professions and trades. For more information, visit www.tortreform.com.

 

 

 

 

 

 

TLR STATEMENT ON SENATE PASSAGE OF HB 274

2011 Omnibus Tort Reform Package  

 

(Austin, TX)  Texans for Lawsuit Reform issued the following statement today following the Senate passage of HB 274, the 2011 Omnibus Tort Bill.  TLR President Richard J. Trabulsi, Jr., said: 

“We congratulate the Texas Senate on the passage of this important legislation, which will increase the efficiency of our courts by instituting less costly and time consuming court procedures.  It also provides incentives for fair and early settlements and imposes risk on those who pursue meritless or abusive lawsuits.”  

Trabulsi applauded the work of Sen. Joan Huffman, R-Southside Place, the Senate sponsor of HB 274 and Sen. Robert Duncan, R-Lubbock, Chairman of the Senate State Affairs Committee, for their hard work in crafting a fair and meaningful bill.

Trabulsi also lauded Gov. Rick Perry and Lt. Governor David Dewhurst for their leadership on HB 274 and their longstanding commitment to tort reform.

Texans for Lawsuit Reform, the state’s largest civil justice reform organization, is a bipartisan, volunteer-led coalition with more than 17,000 supporters residing in more than 869 Texas communities and representing 1,253 different businesses, professions and trades. For more information, visit www.tortreform.com. 

“A Pioneer in the Battle for Lawsuit Reform”

(San Antonio, TX) Texans for Lawsuit Reform honored legendary business and civic leader Red McCombs in San Antonio today, calling the longtime TLR supporter a “pioneer in the battle for lawsuit reform.”

Gov. Rick Perry, who gave the keynote address at the event, said “McCombs is the quintessential Texan. He represents everything good about this state, a small-town boy who made good through hard work and changed the world.” Perry noted that McCombs had dedicated himself to making a difference in his community, in business and industry, in the strength and prosperity of our state and in the individual lives of countless people.

Texas House Speaker Joe Straus, San Antonio Mayor Ivy Taylor, State Sen. Donna Campbell and Bexar County Commissioner Kevin Wolff also attended.

In presenting the award, TLR Co-Founder and CEO, Richard W. Weekley said:

“TLR always does what’s best for Texas and Red has been with us every step of the way.  To succeed in any cause, you must have leaders who are willing to put their names and reputations on the line.  Twenty-plus years ago, Red clearly understood we had a problem with lawsuit abuse and he volunteered to do whatever he could to help.  This took vision and courage.  We are proud to honor Red today for his heroic efforts on behalf of lawsuit reform and the State of Texas.”

Red McCombs is the founder of the Red McCombs Automotive Group, a co-founder of Clear Channel Communications, a former owner of the San Antonio Spurs, Denver Nuggets, and the Minnesota Vikings, and the namesake of the McCombs School of Business at the University of Texas at Austin. He has owned nearly 400 businesses during his career. He is married to wife Charline and has three daughters, eight grandchildren, and two great grandchildren.

TLR is the largest civil justice reform organization in Texas and the most successful tort reform group in the nation. TLR is a bipartisan, volunteer-led coalition with more than 18,000 supporters residing in 818 Texas communities and representing 1,266 different businesses, professions and trades. 

 

New Poll Finds GOP Voters Don’t Trust Personal Injury Trial Lawyers

(Austin, TX) Polling over the last two decades has consistently shown that a majority of Texans in both political parties support the landmark lawsuit reforms that have brought balance to Texas courts and improved public trust in our civil justice system.  A new statewide poll of Republican primary voters conducted by Baselice and Associates, Inc. for TLR last week found that, despite persistent attempts by liberal personal injury trial lawyers to infiltrate Republican and conservative groups, support for tort reform remains high among likely Republican voters.

“We have been asking Texans their opinion on tort reform for over twenty years and we consistently find overwhelming support for lawsuit reforms.  In this most recent poll, we found that public perceptions of personal injury trial lawyers remain extremely negative,” said pollster Mike Baselice.

The poll found that:

• 84% of respondents say they would be less likely to vote for a judge who “was accepting contributions from personal injury trial lawyers.”

• 80% of respondents say they would be less likely to vote for a candidate for state legislature who “was accepting contributions from personal injury trial lawyers.”

• 79% of respondents believe that “personal injury trial lawyers are filing too many lawsuits.”
• 79% of respondents believe that “personal injury trial lawyers exploit persons injured by accident and illness for their own gain.”

• 67% of respondents believe that “personal injury trial lawyers sue businesses for a living, which hurts our economy and costs us jobs.”

• Only 1.0% (0ne percent) of respondents believe that filing lawsuits “is the best way to reduce irresponsible behavior by corporations.”

The poll surveyed 601 likely Republican Primary voters between January 30 and February 3, 2014.  The margin of error is + 4.0%.

Texans for Lawsuit Reform, the state’s largest civil justice reform organization. TLR is a bipartisan, volunteer-led coalition with more than 18,000 supporters residing in 869 Texas communities and representing 1,266 different businesses, professions and trades. For more information about TLR visit www.tortreform.com. 

(Houston, TX) Texans for Lawsuit Reform Chairman and CEO, Richard W. Weekley issued the following statement on the passing of Harold Simmons on Sunday:

“We are saddened at the loss of our longtime friend and ally Harold Simmons. Harold joined the battle for lawsuit reform in Texas almost twenty years ago and has been steadfast and courageous in his commitment to making Texas a better and more prosperous state by assuring that our courts are fair and honest. Harold never shrank from a challenge and his legendary generosity leaves a legacy that will benefit Texans for generations to come. We will miss him.”

(Houston, TX) Texans for Lawsuit Reform applauded Gov. Rick Perry’s appointment of Justice Jeff Brown to the Supreme Court of Texas.  TLR General Counsel, Hugh Rice Kelly said: 

“Gov. Rick Perry continues his unbroken string of stellar appointments to the Supreme Court of Texas in choosing Justice Jeff Brown of the Fourteenth Court of Appeals.  Justice Brown is an outstanding and proven jurist whose abilities have been repeatedly recognized by academic, professional, and social organizations.  His intelligent approach to the law and his long record of accomplishment will be an asset to the Texas high court.”

Justice Brown has served on the Houston Fourteenth Court of Appeals since 2007.  Prior to that he was the Presiding Judge of the 55th District Court in Houston.  He was appointed to the Supreme Court Multidistrict Litigation Panel in 2009 and was the Presiding Judge of the Harris County STAR drug court, aimed at helping young drug offenders.  He has been an Adjunct Professor of Law at the University of Houston Law Center.  Justice Brown is co-author of the Texas Rules of Evidence Handbook, an 1100-page scholarly treatise published by Jones McClure Publishing, in addition to authoring numerous articles in law reviews and journals.  

Justice Brown is a member of the American Law Institute and was law clerk to Texas Supreme Court Justices Jack Hightower and Greg Abbott after graduation from law school.  Among his many honors, he was named one of five outstanding young Texans in 2008 by Texas Junior Chamber of Commerce and also one of five outstanding young Houstonians in 2008 by the Houston Junior Chamber of Commerce.  In 2006, he was named Outstanding Young Lawyer of Texas in 2006 by the Texas Young Lawyers Association.  Justice Brown graduated from the University of Texas at Austin and from the University of Houston Law Center where he was a member of the law review and graduated magna cum laude.

TLR is the largest civil justice reform organization in Texas and the most successful tort reform group in the nation.  TLR is a bipartisan, volunteer-led coalition with more than 17,000 supporters residing in 818 Texas communities and representing 1,266 different businesses, professions and trades.
 

 

(Houston, TX) Texans for Lawsuit Reform applauded Gov. Rick Perry’s appointment of Justice Nathan Hecht as Chief Justice of the Supreme Court of Texas today. Hugh Rice Kelly, TLR General Counsel said:

“Governor Perry’s appointment of Nathan Hecht to the office of Chief Justice of the Supreme Court of Texas means that our Court will be led by one of the nation’s most outstanding appellate judges.  Justice Hecht has been recognized both in Texas and nationally.  He brings to this office a rare combination of intellect, experience, judgment, and hard work.  Long a leader among the members of the Court, Justice Hecht’s leadership will prove of great value to the Court in the years to come. 

“The word outstanding is not strong enough to describe Justice Hecht’s qualifications to serve as Chief Justice. After graduating with honors from Yale and SMU law school, Justice Hecht served as law clerk on the prestigious federal appeals court for the District of Columbia.  He was in private practice and a shareholder in the Locke, Lord firm in Dallas when appointed to the District bench in 1981.  After serving two years on the Dallas Court of Appeals, Justice Hecht was first elected to the Supreme Court in 1988, making him the longest-serving active appeals court justice in Texas.”

Justice Hecht has won re-election four times. During his time on the Court, Justice Hecht has authored more than 350 opinions.   

TLR is the largest civil justice reform organization in Texas and the most successful tort reform group in the nation.  TLR is a bipartisan, volunteer-led coalition with more than 17,000 supporters residing in 818 Texas communities and representing 1,266 different businesses, professions and trades.

 

(Houston, TX) Texans for Lawsuit Reform issued the following statement on the announcement of retirement by Texas Supreme Court Justice Wallace Jefferson. TLR President Richard J. Trabulsi, Jr., said:

“Texas Supreme Court Chief Justice Wallace Jefferson is a nationally respected jurist whose incisive legal thinking and commitment to conservative principles of law have helped make the Texas Supreme Court one of the most respected appellate courts in the nation. Chief Justice Jefferson worked to assure that a fair, balanced and predictable civil justice system is available to every citizen while increasing public transparency and streamlining court processes.

Wallace Jefferson is a great Texan whose work on the Texas Supreme Court has been significant, and we in TLR value and appreciate his many years of excellent service.”

TLR is the largest civil justice reform organization in Texas and the most successful tort reform group in the nation.  TLR is a bipartisan, volunteer-led coalition with more than 17,000 supporters residing in 818 Texas communities and representing 1,266 different businesses, professions and trades.