Wednesday, December 16, 2009
Wednesday, December 9, 2009
Nation's worst civil courts to be announced
‘JUDICIAL HELLHOLES® 2009/2010’ REPORT
SET FOR RELEASE
TUESDAY, DECEMBER 15
NATION’S WORST CIVIL COURTS TO BE ANNOUNCED,
CORRUPT LAWYERS SPOTLIGHTED IN ‘ROGUES’ GALLERY’
WASHINGTON, D.C., December 8, 2009 – The American Tort Reform Foundation will release its Judicial Hellholes® 2009/2010 report next Tuesday, December 15, and invites journalists from around the country to participate in a telephone news conference when it offers its annual critique of the nation’s most unfair civil courts. Full text of the report will be posted by 9:00 a.m. ET that same day at www.atra.org.
Some reform-resistant jurisdictions have again been named as Judicial Hellholes, but they are joined this year by some newcomers, including a major city in the Northeast and the appellate courts of an entire state in the Southwest. (Note to reporters, editors and producers: If you’ve received this advisory, a court jurisdiction near you is likely to be cited in the Judicial Hellholes report.)
In addition to the report’s popular “Rogues’ Gallery,” which documents widespread trial lawyer corruption and criminality, this year’s report also includes a special section, “Fueling the Fire,” focusing on troubling trends in some courts that could lead to costly expansions of civil liability and even an erosion of public health and safety.
The Judicial Hellholes teleconference, featuring ATRF president Tiger Joyce and American Tort Reform Association general counsel Victor Schwartz will begin at 10:00 a.m. ET. Those wishing to participate should dial 1-800-895-0198 and wait for an operator to place them into the teleconference.
WHO: Sherman “Tiger” Joyce, president, American Tort Reform Foundation
Victor Schwartz, general counsel, American Tort Reform Association and partner, Shook, Hardy & Bacon, L.L.P.
WHAT: “Judicial Hellholes 2009/2010 Report” News conference by phone, 1-800-895-0198
WHEN: 10:00 a.m. ET, Tuesday, December 15, 2009
CONTACT: More information is available from the American Tort Reform Association’s director of communications, Darren McKinney, (202) 682-0084, dmckinney@atra.org.
-ATRA-
The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level.
SET FOR RELEASE
TUESDAY, DECEMBER 15
NATION’S WORST CIVIL COURTS TO BE ANNOUNCED,
CORRUPT LAWYERS SPOTLIGHTED IN ‘ROGUES’ GALLERY’
WASHINGTON, D.C., December 8, 2009 – The American Tort Reform Foundation will release its Judicial Hellholes® 2009/2010 report next Tuesday, December 15, and invites journalists from around the country to participate in a telephone news conference when it offers its annual critique of the nation’s most unfair civil courts. Full text of the report will be posted by 9:00 a.m. ET that same day at www.atra.org.
Some reform-resistant jurisdictions have again been named as Judicial Hellholes, but they are joined this year by some newcomers, including a major city in the Northeast and the appellate courts of an entire state in the Southwest. (Note to reporters, editors and producers: If you’ve received this advisory, a court jurisdiction near you is likely to be cited in the Judicial Hellholes report.)
In addition to the report’s popular “Rogues’ Gallery,” which documents widespread trial lawyer corruption and criminality, this year’s report also includes a special section, “Fueling the Fire,” focusing on troubling trends in some courts that could lead to costly expansions of civil liability and even an erosion of public health and safety.
The Judicial Hellholes teleconference, featuring ATRF president Tiger Joyce and American Tort Reform Association general counsel Victor Schwartz will begin at 10:00 a.m. ET. Those wishing to participate should dial 1-800-895-0198 and wait for an operator to place them into the teleconference.
WHO: Sherman “Tiger” Joyce, president, American Tort Reform Foundation
Victor Schwartz, general counsel, American Tort Reform Association and partner, Shook, Hardy & Bacon, L.L.P.
WHAT: “Judicial Hellholes 2009/2010 Report” News conference by phone, 1-800-895-0198
WHEN: 10:00 a.m. ET, Tuesday, December 15, 2009
CONTACT: More information is available from the American Tort Reform Association’s director of communications, Darren McKinney, (202) 682-0084, dmckinney@atra.org.
-ATRA-
The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level.
Monday, December 7, 2009
Cornyn Luncheon Postponed
The BACALA 7th Annual Luncheon has been postponed for a future date to be determined. Senator Cornyn will not be able to attend on December 15 due to the voting of the health care bill that is also scheduled that day.
While we are very fortunate to have such a strong Texas voice supporting us up in Washington D.C., we look forward to having him in Corpus Christi in the near future.
While we are very fortunate to have such a strong Texas voice supporting us up in Washington D.C., we look forward to having him in Corpus Christi in the near future.
Tuesday, December 1, 2009
The Passing of Bill Summers
STATEMENT ON THE PASSING OF BILL SUMMERS, FOUNDER OF THE CITIZENS AGAINST LAWSUIT ABUSE MOVEMENT
The following statement regarding the passing on November 30, 2009 of Bill Summers may be attributed to Rossanna Salazar, spokeswoman for Texans Against Lawsuit Abuse, on behalf of the state’s Citizens Against Lawsuit Abuse (CALA) groups. Mr. Summers was president and CEO of the Rio Grande Valley Partnership and founder of the CALA movement in 1990. The statement is as follows:
“We are so thankful for the 20 years we have called Bill a friend, a mentor and a colleague – thankful to have worked alongside him for a cause that was so important to him, to Texas and to a part of our state that he loved dearly: the Rio Grande Valley. To Bill, it was the ‘Rio Grande Valley,’ not just the Valley, and he worked tirelessly on behalf of the region and its citizens, fighting for new jobs, greater access to good health care and better roads.
“Bill was a simple and gentle man who was nonetheless unafraid to take on powerful interests, not the least of whom were well-heeled personal injury lawyers. When he saw firsthand what frivolous lawsuits and abusive legal practices were doing to the Valley and to Texas, Bill decided to do something about it. He was the driving force behind the launch of the first Citizens Against Lawsuit Abuse group in 1990. Today, thanks to his leadership, that one group has grown not only statewide but across the country. In Texas alone, the CALA movement counts more than 25,000 supporters and five different CALA chapters among its ranks. And because of this grassroots uprising, Texas is no longer the poster child for lawsuit abuse but a model for civil justice reform.
“Bill exemplified the Texas can-do spirit. And he did his bidding with a unique wit. He was a mild man, but he was often a rascal. We will miss his daily – often multiple a day – email messages with impish jokes and messages. His humor was often directed at himself. After the Legislature named a Valley highway after him this year, he wrote a friend these words, ‘They don’t have enough paint so they will call it BS International Blvd.’
“Above all, we will miss our friend. And our hearts go out to his loving wife Jo, and their family.”
The following statement regarding the passing on November 30, 2009 of Bill Summers may be attributed to Rossanna Salazar, spokeswoman for Texans Against Lawsuit Abuse, on behalf of the state’s Citizens Against Lawsuit Abuse (CALA) groups. Mr. Summers was president and CEO of the Rio Grande Valley Partnership and founder of the CALA movement in 1990. The statement is as follows:
“We are so thankful for the 20 years we have called Bill a friend, a mentor and a colleague – thankful to have worked alongside him for a cause that was so important to him, to Texas and to a part of our state that he loved dearly: the Rio Grande Valley. To Bill, it was the ‘Rio Grande Valley,’ not just the Valley, and he worked tirelessly on behalf of the region and its citizens, fighting for new jobs, greater access to good health care and better roads.
“Bill was a simple and gentle man who was nonetheless unafraid to take on powerful interests, not the least of whom were well-heeled personal injury lawyers. When he saw firsthand what frivolous lawsuits and abusive legal practices were doing to the Valley and to Texas, Bill decided to do something about it. He was the driving force behind the launch of the first Citizens Against Lawsuit Abuse group in 1990. Today, thanks to his leadership, that one group has grown not only statewide but across the country. In Texas alone, the CALA movement counts more than 25,000 supporters and five different CALA chapters among its ranks. And because of this grassroots uprising, Texas is no longer the poster child for lawsuit abuse but a model for civil justice reform.
“Bill exemplified the Texas can-do spirit. And he did his bidding with a unique wit. He was a mild man, but he was often a rascal. We will miss his daily – often multiple a day – email messages with impish jokes and messages. His humor was often directed at himself. After the Legislature named a Valley highway after him this year, he wrote a friend these words, ‘They don’t have enough paint so they will call it BS International Blvd.’
“Above all, we will miss our friend. And our hearts go out to his loving wife Jo, and their family.”
Dear Friend and Founder of CALA Movement Passes Away
Tributes pour in for Valley Partnership legend Bill Summers
By Steve Taylor, Joey Gomez, and Ron Whitlock
By Steve Taylor, Joey Gomez, and Ron Whitlock
Rio Grande Valley Partnership President and CEO Bill Summers.
WESLACO, Nov. 30 – Tributes have been pouring in for Bill Summers, the legendary leader of the Rio Grande Valley Partnership who died of lung cancer on Monday. He was 71.
“We have lost a great friend and it only brings me comfort to know Bill is in heaven,” said Angela Burton, president and CEO of the Brownsville Chamber of Commerce.
Burton helped form the Rio Grande Valley-Tamaulipas BiNational Chambers of Commerce group with Summers in 2005.
“I was thinking this morning of how many places Bill and I had traveled together. We have gone from Laredo, Austin and Washington, D.C., to Victoria, Tampico and other parts of Mexico advocating for the Rio Grande Valley,” Burton said.
“Bill was a great mentor and friend. He opened many doors for me and showed me the ropes, as one might say. His humor was extraordinary.”
Burton said she remembers when her motorbike accident happened in August 2008. “I was in ICU and woke to find him looking over me and holding my hand. I don’t know how he got into the ICU because it wasn’t visiting hours - but he brought me comfort,” Burton said. “I am heartbroken and sad and will miss him very much. May God Bless his family.”
Summers was diagnosed with lung cancer during the summer. His wife, Jo, sent out an e-mail alert to family and friends from the M.D. Anderson Cancer Center in Houston late Monday afternoon.
“The journey is almost over. Bill's lungs have given up and there's no hope for his lungs to recover. Randy and Mike (Bill and Jo’s sons) are here with me and we know we will all soon be coming home. Bill will be flying home on wings of glory to be with our Lord in Heaven; free of pain and whole again. I have no doubt that when he arrives that he will be promoting the Rio Grande Valley and singing with the angels, ‘For We Love Our Valley Home.’ Please continue to pray for us during this most difficult time,” Jo Summers said.
At 6:41 p.m., Jo Summers sent out a further e-mail alert to say that “the journey had ended. Bill passed away at 4:56 p.m.” Jo Summers' comments came via the M.D. Anderson Cancer Center e-mail journal entry.
Summers led the Partnership, the Valley’s regional chamber of commerce, for 22 years. Before than he served in the Army, worked in a bank, and sold TV and radio advertising. During his years with the Partnership he fought tirelessly for an interstate between the Valley and I-37 and for better trading and cultural relations with Mexico. In Tamaulipas, Mexico, he was thought by many to be America's best ambassador. The Partnership had an office in the state's capital, Ciudad Victoria, for many years.
For more than 20 years, Summers also spearheaded the Partnership's Valley Legislator Tours, believing that the best way for state lawmakers to learn about the Valley was to bring them to the region. During the 81st legislative session, state lawmakers approved a resolution naming FM 1015 in Weslaco the Bill Summers International Boulevard. The official ceremony was held in September, soon after Summers had been diagnosed with lung cancer.
Summers is also credited for helping start the Citizens Against Lawsuit Abuse movement, which sought tort reform.
One of Summers’ closest friends was state Sen. Eddie Lucio. The Brownsville Democrat said Summers was one of a kind.
“I extend my heartfelt sympathy to the family of Mr. Bill Summers, who lost his battle with cancer today. Bill was a tireless advocate for the Rio Grande Valley, always promoting a good quality of life among our communities,” Lucio said.
“A lifelong resident of South Texas, his commitment and loyalty to this region of the state were evident from the nearly two decades he served as president and CEO of the Rio Grande Valley Partnership.”
Lucio said Summers was a “mentor and role model” in a couple of ways. “He never wavered from his convictions and he always demonstrated a tireless work ethic. His sense of humor enriched our lives and brought joy to people’s hearts.”
Lucio said he has been blessed to have been able to call Summers a friend. “I feel strongly that I am a better person for having known him. The Rio Grande Valley has lost a true hero, and I ask everyone to continue praying for his family in this time of sorrow.”
Sergio Contreras, chairman of the Rio Grande Valley Partnership, said his thoughts and prayers are with Bill Summers' family. “This is a sad day for South Texas and the Rio Grande Valley. Bill Summers was a great leader and we now know we have an angel looking over us,” Contreras said.
State Rep. Aaron Peña, D-Edinburg, said Summers was a “gentle giant with a heart of gold.” He said Summers made Texas a better place to live and was the “best ambassador the Rio Grande Valley ever had.”
Joe Olivo, of the Ray Pearson Forum in El Paso, said: “My prayers are with Mr. Summers family.”
Rene Gonzalez, of the Texas Migrant Council in Laredo said: “My thoughts and prayers go out to the Summers family. Bill was a true inspiration, a teacher and a hero for the Rio Grande Valley. The Valley now has God's ear with Bill at his side. Thank you for your guidance and the lessons you taught all of us who were/are involved in economic development, transportation and education. You will be missed; rest in peace Bill.”
Lynn Brezosky, a longtime Valley reporter, first with the Associated Press and now the San Antonio Express-News said: “Bill Summers taught me so much about the Valley.”
Victor Castillo, a reporter in the Valley with Univision 48/Fox 2 News, said: “Bill Summers was a great man, a great friend, and a great leader in the Valley. He'll be missed by many of us. May God give strength to his family.”
Ron Whitlock, of KVEO-TV’s Ron Whitlock Reports, said: “The Valley and I owe a great deal to Bill Summers.” Former KURV Radio presenter Davis Rankin was slated to do an interview with Summers for the Whitlock show next month.
Ron Whitlock of KVEO-TV’s Ron Whitlock Reports show, contributed to this story.
Send your Bill Summers tributes to updates@riograndeguardian.com.
Monday, November 23, 2009
Texas AG defends state medical malpractice reforms
BY CHRIS RIZO
Greg Abbott (R)
AUSTIN, Texas (Legal Newsline)-The Texas attorney general has urged the state Supreme Court to leave intact medical malpractice reforms.The Texas Legislature in 2003 imposed a strict 10-year statute of repose on medical malpractice claims. The law -- House Bill 4 -- was aimed at helping to control skyrocketing medical malpractice insurance premiums, which were blamed for doctors leaving the Lone Star State at the time.In Republican Attorney General Greg Abbott's brief to the Supreme Court, state Solicitor General James Ho noted law was enacted because "the Legislature concluded that indeterminate and unpredictable liability regimes drive up the cost of health care and reduce access to physicians."The attorney general's friend-of-the-court brief also argues that Texas's 10-year statute of repose does not interfere with an individual's right to file a medical malpractice lawsuit. "The Legislature struck a fair balance between the rights of plaintiffs to obtain redress for injuries and the rights of physicians and other health care providers from having to litigate stale claims," the AG's amicus brief said. "The balance struck by the Legislature was reasonable -- and constitutional."Abbott's brief was filed in the case of Methodist Healthcare System of San Antonio v. Rankin.The case stems from a 2006 lawsuit Emmalene Rankin filed against two physicians and the Methodist Healthcare System of San Antonio 11 years after a surgical sponge was allegedly left behind in her body after her hysterectomy in 1995.The sponge was found lodged in Rankin's abdomen more than a decade after her hysterectomy at Southwest Texas Methodist Hospital in San Antonio.At trial, Rankin's lawyers said the state's statute of repose violated the Texas Constitution's Open Courts provision that provides that "all courts shall be open, and every person for an injury done to him, in his lands, goods, person or reputation, shall have remedy by due course of law." The Bexar County district court found that Rankin's lawsuit exceeded the statute of limitations, but the decision was reversed last year by the Fourth Court of Appeals, which also struck down the statute of repose under the Open Courts provision."The Legislature is certainly entitled to set a period of time within which claims must be brought, but it may not deny a plaintiff a reasonable opportunity to discover the alleged wrong and bring suit," the appeals court ruled.From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.
BY CHRIS RIZO
Greg Abbott (R)
AUSTIN, Texas (Legal Newsline)-The Texas attorney general has urged the state Supreme Court to leave intact medical malpractice reforms.The Texas Legislature in 2003 imposed a strict 10-year statute of repose on medical malpractice claims. The law -- House Bill 4 -- was aimed at helping to control skyrocketing medical malpractice insurance premiums, which were blamed for doctors leaving the Lone Star State at the time.In Republican Attorney General Greg Abbott's brief to the Supreme Court, state Solicitor General James Ho noted law was enacted because "the Legislature concluded that indeterminate and unpredictable liability regimes drive up the cost of health care and reduce access to physicians."The attorney general's friend-of-the-court brief also argues that Texas's 10-year statute of repose does not interfere with an individual's right to file a medical malpractice lawsuit. "The Legislature struck a fair balance between the rights of plaintiffs to obtain redress for injuries and the rights of physicians and other health care providers from having to litigate stale claims," the AG's amicus brief said. "The balance struck by the Legislature was reasonable -- and constitutional."Abbott's brief was filed in the case of Methodist Healthcare System of San Antonio v. Rankin.The case stems from a 2006 lawsuit Emmalene Rankin filed against two physicians and the Methodist Healthcare System of San Antonio 11 years after a surgical sponge was allegedly left behind in her body after her hysterectomy in 1995.The sponge was found lodged in Rankin's abdomen more than a decade after her hysterectomy at Southwest Texas Methodist Hospital in San Antonio.At trial, Rankin's lawyers said the state's statute of repose violated the Texas Constitution's Open Courts provision that provides that "all courts shall be open, and every person for an injury done to him, in his lands, goods, person or reputation, shall have remedy by due course of law." The Bexar County district court found that Rankin's lawsuit exceeded the statute of limitations, but the decision was reversed last year by the Fourth Court of Appeals, which also struck down the statute of repose under the Open Courts provision."The Legislature is certainly entitled to set a period of time within which claims must be brought, but it may not deny a plaintiff a reasonable opportunity to discover the alleged wrong and bring suit," the appeals court ruled.From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.
Monday, November 16, 2009
Lawyers using "runners"
Ezine Articles
November 13, 2009
Comment: Subject: Barratry
Stephanie Gibson writes:
House Bill 148 would have allowed Texas to recover significant civil damages for such harassment and illegal, unwanted solicitations by unscrupulous lawyers or their representatives. While the bill did pass, it was quietly gutted.Initially, HB 148 would have empowered clients to collect triple damages from lawyers who engage in illegal case solicitation. This civil remedy would have penalized such practices as lawyers using “runners” to covertly solicit cases or to otherwise exploit the vulnerability of hospitalized accident victims and their families. The new civil treble damage claim would also have applied to private investigators, chiropractors, doctors, and other health care workers who participated in the illegal solicitation of cases. This provision was stripped from the bill, despite all sides claiming to support the change. Also removed were civil triple damage claims penalizing solicitations involving false, fraudulent, misleading, deceptive, or unfair statements or claims, or that included coercion, duress, overreaching, harassment, intimidation, or undue influence. Brazen case solicitation has been practiced with impunity in some parts of Texas for years, particularly in South Texas. The San Antonio Express-News reported in May that the situation there has grown so severe that “warfare has broken out over barratry” in Corpus Christi. The paper reported that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”
Comment provided November 13, 2009 at 10:59 am
November 13, 2009
Comment: Subject: Barratry
Stephanie Gibson writes:
House Bill 148 would have allowed Texas to recover significant civil damages for such harassment and illegal, unwanted solicitations by unscrupulous lawyers or their representatives. While the bill did pass, it was quietly gutted.Initially, HB 148 would have empowered clients to collect triple damages from lawyers who engage in illegal case solicitation. This civil remedy would have penalized such practices as lawyers using “runners” to covertly solicit cases or to otherwise exploit the vulnerability of hospitalized accident victims and their families. The new civil treble damage claim would also have applied to private investigators, chiropractors, doctors, and other health care workers who participated in the illegal solicitation of cases. This provision was stripped from the bill, despite all sides claiming to support the change. Also removed were civil triple damage claims penalizing solicitations involving false, fraudulent, misleading, deceptive, or unfair statements or claims, or that included coercion, duress, overreaching, harassment, intimidation, or undue influence. Brazen case solicitation has been practiced with impunity in some parts of Texas for years, particularly in South Texas. The San Antonio Express-News reported in May that the situation there has grown so severe that “warfare has broken out over barratry” in Corpus Christi. The paper reported that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”
Comment provided November 13, 2009 at 10:59 am
Wednesday, November 11, 2009
Jury Service Awareness Month!
Called For Jury Duty? Don’t Forget Your Tinfoil Hat
Life Is A Funny Place by Ned Hickson
Tuesday, November 10 2009 08:43 pm
There comes a time when we, as U.S. citizens, are called to step forward and — just as Americans have been doing for over 200 years — devise a lame excuse to get out of jury duty. This time-honored tradition dates back to the very first jury pool, which John Handcock was excused from after complaining of hand cramps “of the severest nature.” As it stands, I’ve been excused from jury duty twice, despite expressing my willingness to serve.
So when my latest summons came in the mail, my first instinct was to make a tinfoil hat with the words, Hello: My Name Is Quandar written across the front, which, along with my silver jump suit, can usually get me dismissed in under 30 minutes (depending on how quickly my tinfoil hat clears security). But this time something was different. Maybe because I’m older, maybe because my daughter is studying the U.S. Constitution, or maybe because we’re out of tinfoil — whatever the reason — I’ve decided to dress appropriately, show up for jury duty, and take a chance on being sequestered with 11 others to determine, by way of evidence and testimony, who is at fault when someone burns themselves with a hot pickle slice.
Admitedly, I once found myself driving down the road with an 800-degree onion ring searing my flesh. I had just left a Burger King drive-through and, after maintaining my composure long enough to exit the parking lot, pounced on my combo meal like a hyena at a gazelle feed — laughing and eating, laughing and eating.
So, when I ripped into an enormous onion ring and felt the breading fall away into my lap, I had no one but myself to blame when my appetizer became a sizzling, onion-flavored chin strap that turned my frenzied laughing to screaming on I-5. But I never once thought of calling a lawyer in an effort to seek damages against Burger King (and the onion growers of America) for supplying me the means with which to do something stupid.
I believe stupid lawsuits are the reason a lot of people aren’t willing to serve as jurists. For example, a study conducted in California found that of the 4.4 million people summoned for jury duty in Orange County last year, only nine percent actually participated in the judicial process. Of course, this doesn’t include those who became part of that process after being fingerprinted.
In all fairness, I should mention that not every potential juror would’ve qualified for duty anyway. That’s because there are strict guidelines in place for the initial phase of the jury selection process — the first of which is that you actually have to be ALIVE in order to render a verdict. In spite of these stringent guidelines, a report commissioned by the American Tort Reform Association discovered that Los Angeles County not only summoned dead people for jury duty, but also people’s pets. While this is certainly shocking, there is some good news in that none of these pets were dead.
While the study was able to determine that absolutely no pets had played a part in the final outcome of any cases, according to the bailif in one case, “It was because that little cockapoo couldn’t read the verdict.”
The only way to increase participation in the jury process is to restore the respectability of the judicial system by eliminating stupid lawsuits that waste everybody’s time. How? By requiring the people who file them to serve as jurors.
In the meantime, I’ll be on my way to court next week.
Assuming I don’t burn myself on a hot pickle.
Life Is A Funny Place by Ned Hickson
Tuesday, November 10 2009 08:43 pm
There comes a time when we, as U.S. citizens, are called to step forward and — just as Americans have been doing for over 200 years — devise a lame excuse to get out of jury duty. This time-honored tradition dates back to the very first jury pool, which John Handcock was excused from after complaining of hand cramps “of the severest nature.” As it stands, I’ve been excused from jury duty twice, despite expressing my willingness to serve.
So when my latest summons came in the mail, my first instinct was to make a tinfoil hat with the words, Hello: My Name Is Quandar written across the front, which, along with my silver jump suit, can usually get me dismissed in under 30 minutes (depending on how quickly my tinfoil hat clears security). But this time something was different. Maybe because I’m older, maybe because my daughter is studying the U.S. Constitution, or maybe because we’re out of tinfoil — whatever the reason — I’ve decided to dress appropriately, show up for jury duty, and take a chance on being sequestered with 11 others to determine, by way of evidence and testimony, who is at fault when someone burns themselves with a hot pickle slice.
Admitedly, I once found myself driving down the road with an 800-degree onion ring searing my flesh. I had just left a Burger King drive-through and, after maintaining my composure long enough to exit the parking lot, pounced on my combo meal like a hyena at a gazelle feed — laughing and eating, laughing and eating.
So, when I ripped into an enormous onion ring and felt the breading fall away into my lap, I had no one but myself to blame when my appetizer became a sizzling, onion-flavored chin strap that turned my frenzied laughing to screaming on I-5. But I never once thought of calling a lawyer in an effort to seek damages against Burger King (and the onion growers of America) for supplying me the means with which to do something stupid.
I believe stupid lawsuits are the reason a lot of people aren’t willing to serve as jurists. For example, a study conducted in California found that of the 4.4 million people summoned for jury duty in Orange County last year, only nine percent actually participated in the judicial process. Of course, this doesn’t include those who became part of that process after being fingerprinted.
In all fairness, I should mention that not every potential juror would’ve qualified for duty anyway. That’s because there are strict guidelines in place for the initial phase of the jury selection process — the first of which is that you actually have to be ALIVE in order to render a verdict. In spite of these stringent guidelines, a report commissioned by the American Tort Reform Association discovered that Los Angeles County not only summoned dead people for jury duty, but also people’s pets. While this is certainly shocking, there is some good news in that none of these pets were dead.
While the study was able to determine that absolutely no pets had played a part in the final outcome of any cases, according to the bailif in one case, “It was because that little cockapoo couldn’t read the verdict.”
The only way to increase participation in the jury process is to restore the respectability of the judicial system by eliminating stupid lawsuits that waste everybody’s time. How? By requiring the people who file them to serve as jurors.
In the meantime, I’ll be on my way to court next week.
Assuming I don’t burn myself on a hot pickle.
Tuesday, October 27, 2009
Perry Promotes Texas in the Big Apple
Austin American-Statesman
October 26, 2009
Gov. Perry promotes Texas in the Big Apple
By Corrie MacLaggan
Gov. Rick Perry is in New York City today and tomorrow to promote Texas as a business and relocation destination.
Today, the governor spoke at the NASDAQ Closing Bell Ceremony, where he said that Texas is about more than boots, hats and barbecue.
“We all know that the global economy is struggling and our country’s going through one of the toughest economic cycles in our lifetimes, but we’ve come here with a message of optimism, with word that there’s still a place in this country where jobs are welcome, where taxes are low, where regulations are predictable and, you might say also, frivolous lawsuits are a rare occurrence,” Perry said, “and that place is Texas.”
To watch video of that, click here and in the “event profile” section, click on “watch the event video.”
Perry, who is facing a GOP primary battle in March against U.S. Sen. Kay Bailey Hutchison and Debra Medina, is being accompanied on the New York trip by Texas Secretary of State Hope
Andrade, Dallas Mayor Tom Leppert and DeSoto Mayor Bobby Waddle. Also with him, according to the governor’s office, are economic development representatives from the cities of
DeSoto, Waco , Lubbock, Pearland, Plano and Temple and representatives from:
American Electric Power
AT&T
Beirne, Maynard and Parsons LLP
Burlington North Santa Fe Railway Co.
Community Development Associates
Locke Lord Bissell and Liddell LLP
Mansfield Economic Development Partnership
Shell Oil Company
Greater Houston Partnership
Greater Austin Chamber of Commerce
October 26, 2009
Gov. Perry promotes Texas in the Big Apple
By Corrie MacLaggan
Gov. Rick Perry is in New York City today and tomorrow to promote Texas as a business and relocation destination.
Today, the governor spoke at the NASDAQ Closing Bell Ceremony, where he said that Texas is about more than boots, hats and barbecue.
“We all know that the global economy is struggling and our country’s going through one of the toughest economic cycles in our lifetimes, but we’ve come here with a message of optimism, with word that there’s still a place in this country where jobs are welcome, where taxes are low, where regulations are predictable and, you might say also, frivolous lawsuits are a rare occurrence,” Perry said, “and that place is Texas.”
To watch video of that, click here and in the “event profile” section, click on “watch the event video.”
Perry, who is facing a GOP primary battle in March against U.S. Sen. Kay Bailey Hutchison and Debra Medina, is being accompanied on the New York trip by Texas Secretary of State Hope
Andrade, Dallas Mayor Tom Leppert and DeSoto Mayor Bobby Waddle. Also with him, according to the governor’s office, are economic development representatives from the cities of
DeSoto, Waco , Lubbock, Pearland, Plano and Temple and representatives from:
American Electric Power
AT&T
Beirne, Maynard and Parsons LLP
Burlington North Santa Fe Railway Co.
Community Development Associates
Locke Lord Bissell and Liddell LLP
Mansfield Economic Development Partnership
Shell Oil Company
Greater Houston Partnership
Greater Austin Chamber of Commerce
Monday, October 26, 2009
Reform affects the cost and quality of health care
Joe Nixon - Special to the Express-News
Does medical liability reform affect the cost and quality of health care? Supporters of President Obama's health agenda allege, not much. CHRISTUS Health, however, might beg to differ.
Founded in 1866 by the Sisters of Charity of the Incarnate Word, CHRISTUS Health now has hospitals, long-term care facilities, and clinics in more than 60 cities throughout Texas (including San Antonio), the south central United States, and Mexico. CHRISTUS Health's mission is to give exemplary health care to the poor and underserved.
In the year prior to the Texas Legislature's 2003 tort reform, CHRISTUS Health spent $153 million in liability defense payments in medical malpractice lawsuits. Last year, its lawsuit-expense payments totaled only $2.3 million. Why the dramatic decrease?
Dr. Tom Royer, CHRISTUS Health's CEO, has stated the savings are due entirely from the tort reform measures enacted by the Legislature. Half of its facilities are in Texas and Texas' lawsuit reform had a dramatic impact.
While $150 million per year is a large number for CHRISTUS, how does that translate to the patient? CHRISTUS has made the conscientious effort to use those savings to substantially increase the charity care it provides and to invest in quality initiatives that further improve the care it provides its patients.
Ten years ago, CHRISTUS Health provided $353 million a year in charity care. By 2008, that number increased to $565 million. CHRISTUS is on pace to spend $700 million on charity care this year — almost 12 percent of its budget.
CHRISTUS Health measures its expenses as a cost per bed. Since the reforms, the cost per bed in CHRISTUS Health's Texas facilities is significantly less than in its facilities in states without the tort reform.
It is also using liability savings to extend its outreach into communities that need charitable primary-care services and in a manner most efficient for both the patient and provider. Recognizing that people often receive their primary care in emergency rooms where it is most expensive and not an emergency, CHRISTUS Health has opened primary-care clinics in poorer neighborhoods.
CHRISTUS Health is one example of a hospital system which, before tort reform, was needlessly spending money defending itself from frivolous claims. Now that money is being spent on its primary mission of providing charitable health care to those most in need.
While the goal of tort reform was to rein in the cost of health care to individuals, the cost to taxpayers for indigent care cannot be discounted. Royer recently assigned $60 million of the liability savings to quality-care initiatives, such as updating and retraining the obstetrical nursing staff in fetal monitoring. The program has greatly improved care for patients. Currently, there is not a single lawsuit against CHRISTUS Health involving an allegation of obstetrical malpractice.
So not only is CHRISTUS Health providing more health care, it is committing new resources to ensure its health care is of the highest, mistake-free quality.
We have been told throughout the federal health care debate that our goals should be increased access, higher quality, and lower costs. The CHRISTUS story illustrates why medical liability reform is an essential element of federal health care reform.
Former Rep. Joe Nixon is a Senior Fellow with the Texas Public Policy Foundation.
http://www.mysanantonio.com/opinion/Medical_liability_reform_crucial_to_health_care.html
Does medical liability reform affect the cost and quality of health care? Supporters of President Obama's health agenda allege, not much. CHRISTUS Health, however, might beg to differ.
Founded in 1866 by the Sisters of Charity of the Incarnate Word, CHRISTUS Health now has hospitals, long-term care facilities, and clinics in more than 60 cities throughout Texas (including San Antonio), the south central United States, and Mexico. CHRISTUS Health's mission is to give exemplary health care to the poor and underserved.
In the year prior to the Texas Legislature's 2003 tort reform, CHRISTUS Health spent $153 million in liability defense payments in medical malpractice lawsuits. Last year, its lawsuit-expense payments totaled only $2.3 million. Why the dramatic decrease?
Dr. Tom Royer, CHRISTUS Health's CEO, has stated the savings are due entirely from the tort reform measures enacted by the Legislature. Half of its facilities are in Texas and Texas' lawsuit reform had a dramatic impact.
While $150 million per year is a large number for CHRISTUS, how does that translate to the patient? CHRISTUS has made the conscientious effort to use those savings to substantially increase the charity care it provides and to invest in quality initiatives that further improve the care it provides its patients.
Ten years ago, CHRISTUS Health provided $353 million a year in charity care. By 2008, that number increased to $565 million. CHRISTUS is on pace to spend $700 million on charity care this year — almost 12 percent of its budget.
CHRISTUS Health measures its expenses as a cost per bed. Since the reforms, the cost per bed in CHRISTUS Health's Texas facilities is significantly less than in its facilities in states without the tort reform.
It is also using liability savings to extend its outreach into communities that need charitable primary-care services and in a manner most efficient for both the patient and provider. Recognizing that people often receive their primary care in emergency rooms where it is most expensive and not an emergency, CHRISTUS Health has opened primary-care clinics in poorer neighborhoods.
CHRISTUS Health is one example of a hospital system which, before tort reform, was needlessly spending money defending itself from frivolous claims. Now that money is being spent on its primary mission of providing charitable health care to those most in need.
While the goal of tort reform was to rein in the cost of health care to individuals, the cost to taxpayers for indigent care cannot be discounted. Royer recently assigned $60 million of the liability savings to quality-care initiatives, such as updating and retraining the obstetrical nursing staff in fetal monitoring. The program has greatly improved care for patients. Currently, there is not a single lawsuit against CHRISTUS Health involving an allegation of obstetrical malpractice.
So not only is CHRISTUS Health providing more health care, it is committing new resources to ensure its health care is of the highest, mistake-free quality.
We have been told throughout the federal health care debate that our goals should be increased access, higher quality, and lower costs. The CHRISTUS story illustrates why medical liability reform is an essential element of federal health care reform.
Former Rep. Joe Nixon is a Senior Fellow with the Texas Public Policy Foundation.
http://www.mysanantonio.com/opinion/Medical_liability_reform_crucial_to_health_care.html
Friday, October 23, 2009
Jury Finds Fraud by Forewoman
Houston Chronicle
October 22, 2009
Commentary: Jury finds fraud by forewoman
By RICK CASEYHOUSTON CHRONICLE
You may remember Cynthia Cortez, the self-appointed jury forewoman in Brownsville who appeared in this column six months ago for bamboozling Ford Motor Co. into settling a lawsuit for $3 million through an act of legal terror.
After a six-week trial, she began the deliberations by asking if anyone else wanted to be foreman. When nobody spoke up, she announced she would do the job.
A few days later, after a weekend off and a Monday on which she phoned claiming a sick child, she sent the judge a note asking, “What is the maximum amount that can be awarded?”
It was punctuated with a smiley face.
Now a second Brownsville jury has thrown the settlement out after hearing a week's worth of testimony. It found that Cortez sent the note “for the purpose of fraudulently inducing Ford to settle with the Castillo family.”
The note panicked the Ford lawyers, who thought the trial went well. After seeing the note, they quickly agreed to plaintiff's lawyer Mark Cantu's demand for the $3 million.
Only after the agreement was filed with the court did District Judge Abel Limas notify the jury that their work was done. As is customary in many courts, the lawyers met with the jurors to discuss the case.
Ford's lawyers were stunned when jurors asked why they had settled. The jurors had quickly determined that the Explorer's roof was not faulty and were nearing a consensus in favor of Ford on the only other issue — whether a design issue caused the Explorer to be unstable.
The jurors agreed they had not authorized Cortez to send her explosive note.
Based on these and further conversations with jurors, Ford refused to honor the settlement. Cantu, a McAllen lawyer who stood to earn nearly $2 million of the $3 million , sued the company for breach of contract.
But Limas (who was defeated for re-election last November) denied the company's request to be allowed to put Cortez (and other jurors) under oath and take her deposition. What's more, the Corpus Christi Court of Appeals, on a 2-1 vote, upheld his decision, citing the importance of jury secrecy.
But the Texas Supreme Court unanimously ruled in Ford's favor, and they were permitted to take sworn statements from the jurors.
Forewoman Cortez, both in a deposition and on the stand, insisted that she remembered almost nothing about what took place in the jury room. That was part of the evidence that led a jury last week to throw out the settlement.
Jury is questioned
So why would Cortez send the note? The jury was asked that question but does not appear to have given its opinion.
Judge Elia Cornejo Lopez presented the jury with a numbered, five-part question about the note, and one space at the bottom to answer.
The jury answered “yes” to the entire question but put check marks or a “y” by four of the parts, including whether the note was (1) “a material misrepresentation,” and was sent (2) “with the intent that Ford Motor Company rely on the representation.”
But they did not mark the portion that read (3) “sent by or at the direction of plaintiffs or their agents or representatives with the knowledge that it was false.”
Ford's in-house counsel Peter Tassie testified during the trial that the night before the final day of deliberations Cantu told him that if a note came out from the jury indicating they were deliberating on damages, his demand would go up from $1.96 million to $3 million.
“It was strange that he would give a specific figure, rather than just say the amount would go up,” said Jaime Saenz, a Brownsville lawyer for Ford.
Cantu did not return a phone call seeking comment. He and his clients can appeal this jury's decision, seek to retry its original case or drop the matter.
http://www.chron.com/disp/story.mpl/metropolitan/casey/6681985.html
October 22, 2009
Commentary: Jury finds fraud by forewoman
By RICK CASEYHOUSTON CHRONICLE
You may remember Cynthia Cortez, the self-appointed jury forewoman in Brownsville who appeared in this column six months ago for bamboozling Ford Motor Co. into settling a lawsuit for $3 million through an act of legal terror.
After a six-week trial, she began the deliberations by asking if anyone else wanted to be foreman. When nobody spoke up, she announced she would do the job.
A few days later, after a weekend off and a Monday on which she phoned claiming a sick child, she sent the judge a note asking, “What is the maximum amount that can be awarded?”
It was punctuated with a smiley face.
Now a second Brownsville jury has thrown the settlement out after hearing a week's worth of testimony. It found that Cortez sent the note “for the purpose of fraudulently inducing Ford to settle with the Castillo family.”
The note panicked the Ford lawyers, who thought the trial went well. After seeing the note, they quickly agreed to plaintiff's lawyer Mark Cantu's demand for the $3 million.
Only after the agreement was filed with the court did District Judge Abel Limas notify the jury that their work was done. As is customary in many courts, the lawyers met with the jurors to discuss the case.
Ford's lawyers were stunned when jurors asked why they had settled. The jurors had quickly determined that the Explorer's roof was not faulty and were nearing a consensus in favor of Ford on the only other issue — whether a design issue caused the Explorer to be unstable.
The jurors agreed they had not authorized Cortez to send her explosive note.
Based on these and further conversations with jurors, Ford refused to honor the settlement. Cantu, a McAllen lawyer who stood to earn nearly $2 million of the $3 million , sued the company for breach of contract.
But Limas (who was defeated for re-election last November) denied the company's request to be allowed to put Cortez (and other jurors) under oath and take her deposition. What's more, the Corpus Christi Court of Appeals, on a 2-1 vote, upheld his decision, citing the importance of jury secrecy.
But the Texas Supreme Court unanimously ruled in Ford's favor, and they were permitted to take sworn statements from the jurors.
Forewoman Cortez, both in a deposition and on the stand, insisted that she remembered almost nothing about what took place in the jury room. That was part of the evidence that led a jury last week to throw out the settlement.
Jury is questioned
So why would Cortez send the note? The jury was asked that question but does not appear to have given its opinion.
Judge Elia Cornejo Lopez presented the jury with a numbered, five-part question about the note, and one space at the bottom to answer.
The jury answered “yes” to the entire question but put check marks or a “y” by four of the parts, including whether the note was (1) “a material misrepresentation,” and was sent (2) “with the intent that Ford Motor Company rely on the representation.”
But they did not mark the portion that read (3) “sent by or at the direction of plaintiffs or their agents or representatives with the knowledge that it was false.”
Ford's in-house counsel Peter Tassie testified during the trial that the night before the final day of deliberations Cantu told him that if a note came out from the jury indicating they were deliberating on damages, his demand would go up from $1.96 million to $3 million.
“It was strange that he would give a specific figure, rather than just say the amount would go up,” said Jaime Saenz, a Brownsville lawyer for Ford.
Cantu did not return a phone call seeking comment. He and his clients can appeal this jury's decision, seek to retry its original case or drop the matter.
http://www.chron.com/disp/story.mpl/metropolitan/casey/6681985.html
Wednesday, October 21, 2009
$2.5 million for being grossed out?
Ridiculous Lawsuit #87: In 2005, 49 year-old part-time paralegal Austin Aitken sued NBC for $2.5 million. He claimed that an episode of “Fear Factor” caused him “suffering, injury, and great pain.” He said that watching the contestants eat liquified rats from a blender on television made him dizzy and light-headed, causing him to vomit and run into a doorway. He told the Associated Press he would have changed the channel, but couldn't get to the remote quickly enough. The judge said the case was frivolous and threw it out.
It's the point of "Fear Factor" to gross out the viewer. Hey, I have an idea. How about suing "Dateline" for being too newsy?
It's the point of "Fear Factor" to gross out the viewer. Hey, I have an idea. How about suing "Dateline" for being too newsy?
Frequency of Hospital Professional Liability Claims Increasing After Years
Frequency of Hospital Professional Liability Claims Increasing After Years
Frequency of Hospital Professional Liability Claims Increasing After Years of Declines, Says Aon and ASHRM Study
Medical malpractice claims on the rise for 2010
Download image
CHICAGO, Oct. 20 /PRNewswire-FirstCall/ -- After a decade marked by decreases in Hospital Professional Liability claims, the frequency of claims is on the rise and is expected to continue increasing at a one percent annual rate, according to a study released today by Aon Corporation in conjunction with the American Society for Healthcare Risk Management.
(Logo: http://www.newscom.com/cgi-bin/prnh/20041215/CGW049LOGO)
The tenth annual Hospital Professional Liability and Physician Liability Benchmark Analysis examines trends in frequency, severity and overall loss costs related to hospital and physician professional liability. More than 100 health care organizations representing over 1,500 facilities ranging from small community hospitals to large multi-state health care systems provided loss and exposure data for the study.
The study attributes the rise in claims to the downturn in the U.S. economy, changes to the Centers for Medicare and Medicaid reimbursement rules regarding so called "never-events" or events that should never happen in a hospital and changes in public sympathy toward health care providers.
"Worsening economic conditions in 2008 may have influenced individuals to assert claims against hospital systems," said Erik Johnson, health care practice leader for Aon's Actuarial and Analytics Practice and author of the analysis. "In 2003 through 2007 public attention was directed on tort reform activity and prohibitive medical malpractice costs for physicians. This coincided with significant reductions in professional liability claims. As public attention shifted to other subjects, the momentum of the reductions dissipated. Recently, the public focus has evolved to discussions regarding waste, inefficiency, and defensive medicine. It remains to be seen how this will influence the frequency of professional liability claims."
The Hospital Professional Liability and Physician Liability Benchmark Analysis also found:
In 2010, hospital loss costs per occupied bed equivalent, a major part of the total cost of risk, are expected to increase five percent annually to $3,170.
Claim severity, including both indemnity and defense costs, continues to increase at a consistent rate and is projected to increase by four percent annually.
One out of every four claims and 24 percent of hospital professional liability costs are associated with hospital acquired conditions such as infections and injuries, medication errors, objects left in surgery and pressure ulcers.
In 2010, hospitals can expect to incur liability costs of $181.00 per birth in the Obstetrics Unit and $7.20 per visit in the Emergency Department.
According to Aon's Health Care Industry Report, also released today, the health care industry professional liability market should remain stable for the rest of the year. However, expectations are that market pricing will increase in 2010, in part due to the increase in frequency noted in the Benchmark Analysis.
Frequency of Hospital Professional Liability Claims Increasing After Years of Declines, Says Aon and ASHRM Study
Medical malpractice claims on the rise for 2010
Download image
CHICAGO, Oct. 20 /PRNewswire-FirstCall/ -- After a decade marked by decreases in Hospital Professional Liability claims, the frequency of claims is on the rise and is expected to continue increasing at a one percent annual rate, according to a study released today by Aon Corporation in conjunction with the American Society for Healthcare Risk Management.
(Logo: http://www.newscom.com/cgi-bin/prnh/20041215/CGW049LOGO)
The tenth annual Hospital Professional Liability and Physician Liability Benchmark Analysis examines trends in frequency, severity and overall loss costs related to hospital and physician professional liability. More than 100 health care organizations representing over 1,500 facilities ranging from small community hospitals to large multi-state health care systems provided loss and exposure data for the study.
The study attributes the rise in claims to the downturn in the U.S. economy, changes to the Centers for Medicare and Medicaid reimbursement rules regarding so called "never-events" or events that should never happen in a hospital and changes in public sympathy toward health care providers.
"Worsening economic conditions in 2008 may have influenced individuals to assert claims against hospital systems," said Erik Johnson, health care practice leader for Aon's Actuarial and Analytics Practice and author of the analysis. "In 2003 through 2007 public attention was directed on tort reform activity and prohibitive medical malpractice costs for physicians. This coincided with significant reductions in professional liability claims. As public attention shifted to other subjects, the momentum of the reductions dissipated. Recently, the public focus has evolved to discussions regarding waste, inefficiency, and defensive medicine. It remains to be seen how this will influence the frequency of professional liability claims."
The Hospital Professional Liability and Physician Liability Benchmark Analysis also found:
In 2010, hospital loss costs per occupied bed equivalent, a major part of the total cost of risk, are expected to increase five percent annually to $3,170.
Claim severity, including both indemnity and defense costs, continues to increase at a consistent rate and is projected to increase by four percent annually.
One out of every four claims and 24 percent of hospital professional liability costs are associated with hospital acquired conditions such as infections and injuries, medication errors, objects left in surgery and pressure ulcers.
In 2010, hospitals can expect to incur liability costs of $181.00 per birth in the Obstetrics Unit and $7.20 per visit in the Emergency Department.
According to Aon's Health Care Industry Report, also released today, the health care industry professional liability market should remain stable for the rest of the year. However, expectations are that market pricing will increase in 2010, in part due to the increase in frequency noted in the Benchmark Analysis.
Tuesday, October 20, 2009
Who's ready for Halloween!?
Ridiculous Lawsuit: In 2000, Cleanthi Peters sued Universal Studios for $15,000. She claimed to have suffered extreme fear, mental anguish, and emotional distress due to visiting Universal Studios’ Halloween Horror Nights haunted house, which she said was too scary.
Supposedly she was chased by a man with a chainsaw (without the chain). I don't know about you, but I just got the heebie-jeebies. Scaaaaaaary.
Monday, October 19, 2009
Wednesday, October 14, 2009
Put the Brakes on Ambulance Chasing
Legal Watchdog Launches Campaign to Put the Brakes on Ambulance Chasers
Group Says Illegal Practice Preys on Vulnerable Texans; State Needs Meaningful Penalties
Corpus Christi – Last month Citizens Against Lawsuit Abuse (CALA) groups launched a statewide campaign to educate Texans about the illegal practice of barratry, more commonly known as “ambulance chasing.” The campaign is designed to inform Texans of their rights, to educate them about how to report illegal lawsuit solicitations, and to urge lawmakers to crack down on unscrupulous personal injury lawyers who exploit Texas families.
“Ambulance chasing is flourishing in parts of Texas with some personal injury lawyers and their cronies drumming up business by preying on accident victims – even if no one is to blame,” said Chip Hough, board chairman of Bay Area Citizens Against Lawsuit Abuse (BACALA). “Ambulance chasing is illegal in Texas for good cause: families have a right to privacy and to be free of harassment especially following an accident or injury.”
Connie Scott, a BACALA board member, added, “Barratry is a felony offense in Texas and those who engage in illegal case solicitation show a horrifying lack of decency. We have reports of a victim who was approached at the funeral home following the death of her daughter. Another victim received his first visit from an unsolicited lawyer while he was heavily medicated at the hospital and virtually blind following an accident. In yet another case, a lawyer is accused of paying a family $25,000 to let his firm file a case on their behalf. These true stories demonstrate why barratry is a crime in Texas.”
BACALA and other CALA groups across Texas are engaging in a television advertising campaign to highlight the problem of aggressive personal injury lawyers who prey on victims and promote junk lawsuits. The ad is accompanied by print and online materials that urge consumers to “put the brakes on ambulance chasing.” To view the ad or online materials, please visit www.bacala.net.
Brazen case solicitation reportedly has become commonplace in some areas of Texas. The San Antonio Express-News recently reported that barratry is “flourishing” in South Texas and that “warfare has broken out over barratry” in Corpus Christi. The paper reported that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”
However, according to statistics from the State Bar of Texas, complaints about improper solicitation are rare and seldom result in serious consequences for perpetrators. “Many people don’t know that barratry is illegal and don’t know how to report it,” Hough noted. “Besides, Texas law lacks meaningful penalties for illegal case solicitation, so even those who are reported only get a slap on the wrist.”
Efforts to bolster laws against illegal lawsuit solicitation were quietly defeated during the 2009 legislative session, according to Hough. Initially, House Bill 148 would have allowed clients to collect triple damages from lawyers who engage in illegal case solicitation. The proposal would have penalized lawyers who use “runners” to covertly solicit cases or to otherwise exploit the vulnerability of hospitalized accident victims and their families. Unfortunately, these provisions were stripped from the bill.
“Lawmakers should revisit stronger penalties against these aggressive and illegal solicitations,” Hough said. “In the meantime, Texans should know that current law prohibits lawyers, doctors and other professionals or their representatives from making direct or indirect solicitations of clients, including phone calls and visits. If someone sees barratry in action or falls victim to this practice personally, they should report it to the State Bar Chief Disciplinary Council.”
To report barratry, contact the State Bar of Texas at 1-800-204-2222 x 9.
For more information about BACALA please visit www.bacala.net.
Group Says Illegal Practice Preys on Vulnerable Texans; State Needs Meaningful Penalties
Corpus Christi – Last month Citizens Against Lawsuit Abuse (CALA) groups launched a statewide campaign to educate Texans about the illegal practice of barratry, more commonly known as “ambulance chasing.” The campaign is designed to inform Texans of their rights, to educate them about how to report illegal lawsuit solicitations, and to urge lawmakers to crack down on unscrupulous personal injury lawyers who exploit Texas families.
“Ambulance chasing is flourishing in parts of Texas with some personal injury lawyers and their cronies drumming up business by preying on accident victims – even if no one is to blame,” said Chip Hough, board chairman of Bay Area Citizens Against Lawsuit Abuse (BACALA). “Ambulance chasing is illegal in Texas for good cause: families have a right to privacy and to be free of harassment especially following an accident or injury.”
Connie Scott, a BACALA board member, added, “Barratry is a felony offense in Texas and those who engage in illegal case solicitation show a horrifying lack of decency. We have reports of a victim who was approached at the funeral home following the death of her daughter. Another victim received his first visit from an unsolicited lawyer while he was heavily medicated at the hospital and virtually blind following an accident. In yet another case, a lawyer is accused of paying a family $25,000 to let his firm file a case on their behalf. These true stories demonstrate why barratry is a crime in Texas.”
BACALA and other CALA groups across Texas are engaging in a television advertising campaign to highlight the problem of aggressive personal injury lawyers who prey on victims and promote junk lawsuits. The ad is accompanied by print and online materials that urge consumers to “put the brakes on ambulance chasing.” To view the ad or online materials, please visit www.bacala.net.
Brazen case solicitation reportedly has become commonplace in some areas of Texas. The San Antonio Express-News recently reported that barratry is “flourishing” in South Texas and that “warfare has broken out over barratry” in Corpus Christi. The paper reported that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”
However, according to statistics from the State Bar of Texas, complaints about improper solicitation are rare and seldom result in serious consequences for perpetrators. “Many people don’t know that barratry is illegal and don’t know how to report it,” Hough noted. “Besides, Texas law lacks meaningful penalties for illegal case solicitation, so even those who are reported only get a slap on the wrist.”
Efforts to bolster laws against illegal lawsuit solicitation were quietly defeated during the 2009 legislative session, according to Hough. Initially, House Bill 148 would have allowed clients to collect triple damages from lawyers who engage in illegal case solicitation. The proposal would have penalized lawyers who use “runners” to covertly solicit cases or to otherwise exploit the vulnerability of hospitalized accident victims and their families. Unfortunately, these provisions were stripped from the bill.
“Lawmakers should revisit stronger penalties against these aggressive and illegal solicitations,” Hough said. “In the meantime, Texans should know that current law prohibits lawyers, doctors and other professionals or their representatives from making direct or indirect solicitations of clients, including phone calls and visits. If someone sees barratry in action or falls victim to this practice personally, they should report it to the State Bar Chief Disciplinary Council.”
To report barratry, contact the State Bar of Texas at 1-800-204-2222 x 9.
For more information about BACALA please visit www.bacala.net.
Wednesday, July 22, 2009
Bay Area Citizens Against Lawsuit Abuse (BACALA) is dedicated to informing members of our community about the rising costs associated with the current civil justice system. Every Day new supporters are joining us, and I hope you will join us in the fight against abuse as well.
Consider this:
Consider this:
- Litigation extracts more than $25 Billion from the Texas economy every year.
- The burden of litigation -- sometimes called "lawsuit tax" -- on our households is $809 per person a year. That's over $3,200 for every household in Texas!
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