BACALA

Bill Edwards continues the fight against barratry in McAllen

2010-06-28T08:15:00.000-07:00

The Monitor, McAllen
June 27, 2010
Divorce unmasks case chasing

June 27, 2010 10:31 PM
By JEREMY ROEBUCK, The Monitor

McALLEN — Before arriving in the Rio Grande Valley in 2006, Houston lawyer Newton Schwartz knew Wilfrido "Willie" Garcia only by reputation.

And in the South Texas legal community, the man was a legend.

A wheeler-dealer of the first rate, the 47-year-old former emergency medical technician had amassed a $30 million fortune in just under two decades. His 8,500-square-foot home in Mission featured a private gym, a movie theater and a fine art collection that included works by Salvador Dali and Pablo Picasso. And he helmed a business that brought in $1.5 million a month from its involvement in the world’s most lucrative personal injury cases.

Despite never having obtained a law degree, Garcia had amassed the type of wealth only dreamed of by most young lawyers.

At the time, he was seeking $4 million to expand his firm — a Mexico-based venture that specialized in locating victims of tragic accidents and referring them to civil attorneys. And Schwartz was looking to invest.

"Willie never pretended to be a lawyer," he recalled. "But he wanted to impress us with all that he had."

The deal the two men discussed over dinner that night never came to fruition. But four years later, Schwartz looks back on that meeting as a last glimpse of a crumbling empire.

In 2005, Garcia’s wife filed for divorce, setting off what started as a bitter battle between feuding spouses and has since morphed into a statewide debate on the failings of the South Texas legal system.

It has attracted unusual attention from dozens of lawyers as far away as California , Florida and New York and from state lawmakers and court reformers who say Garcia and other "case runners" like him have amassed fortunes profiting off the misfortunes of others — all in violation of state law.

Now, what started as a simple familial dispute could inspire one of the most significant reforms to state barratry laws since the act became a felony offense.

"There’s a lot of money changing hands, but this crime is a lot safer than running drugs," said Bill Edwards, a Corpus Christi attorney who has become one of the state’s most vocal advocates for tougher enforcement. "You don’t get shot. You don’t get put in jail. You don’t even get your hand slapped."

Garcia could not be reached for comment for this story. And while his attorney Ricardo Salinas initially agreed to an interview, he did not return multiple phone calls over a period of days afterward.

In that early conversation, however, the lawyer disputed his client’s reputation as one of the state’s top case runners.

"He doesn’t run anything," Salinas said. "It’s a misconception, and this divorce has really run him into the ground."

Garcia may have good reason to distance himself from the profession as it is described in court filings — chief among them, it’s illegal.

Texas law prohibits anyone from soliciting clients for lawyers — a third-degree felony known as barratry, punishable by up to 10 years in prison. State bar regulations also prohibit attorneys from sharing their case fees with those who do not hold law degrees.

But across South Texas, the majority of high-dollar personal injury cases live and die by the network of first responders, funeral home employees, police officers, bail bondsmen and others with easy access to victims of car wrecks, industrial accidents and violent crimes and the attorneys who can take their claims to court, several Valley plaintiff’s lawyers said.

While most claimed not to use them themselves and were hesitant to talk openly about this unseemly side to their profession — all agreed case runners have come to dominate the system

"Case running goes on everywhere, but down here it seems to be more prevalent," said Brownsville attorney Carlos Cisneros, whose 2008 book The Case Runner featured a fictionalized title character that many assumed was based on Garcia — a conclusion Cisneros says isn’t the case.

Garcia’s purported involvement with case running began with one of the biggest personal injury free-for-alls the Valley has ever seen.

When an Alton school bus plunged off Five Mile Line Road into a flooded caliche pit in 1989 and killed 21 students, it didn’t take long for the lawsuits to start flying.

Attorneys and their proxies descended on the small town, attending memorial services, rallies and local gathering spots, all in hopes of drumming up business.

Garcia, an EMT at the time, picked up the bodies of several of the victims and referred their families to law firms in exchange for a fee, said Hidalgo County Sheriff Lupe Treviño, who was then working as an investigator in the district attorney’s office.

But Garcia wasn’t the only one. For Dora Rodriguez, who lost her daughter Anna Delia in the crash, the persistent calls to sign up with an attorney soon became overwhelming. Within days, she had amassed a 3-inch stack of business cards from those looking to help her file a lawsuit.

"They didn’t even know who had lost kids or who were the kids in the crash," she said. "They were just going door-to-door so they wouldn’t miss anyone."

The Hidalgo County District Attorney’s Office opened 15 cases into allegations of barratry and eventually filed criminal charges against five people. Garcia narrowly avoided joining them by agreeing to cooperate with the investigation, Treviño said.

But that narrow brush with the law didn’t deter him, according to court filings. In fact, it did the opposite.

Soon after the crash, Garcia founded a company in Mexico — Servicios Legales de Mesoamerica — that is at the root of much of the current squabbling.

The now-defunct venture specialized in "providing assistance to victims of personal injuries by referring them to personal injury lawyers and law firms from all over the United States," according to filings by Garcia’s attorneys.

Technically, such a business model could be legal if the clients approached SLM looking for legal representation — rather than the other way around.

But the divorce filings suggest that within years Garcia was purportedly linking South Texas attorneys with potential plaintiffs in almost every state and as far away as Australia , Greece , Indonesia and Venezuela for a cut of the eventual settlement money.

A 2006 plane crash in Irkutsk, Russia, that left 124 dead and more than 60 injured netted SLM more than 67 cases.

The idea that victims of that wrecked SiberAir flight between Moscow and Irkutsk contacted either Garcia’s offices continents away in Mexico or in McAllen looking for legal representation strains credulity, said Edwards, the advocate for tougher enforcement of anti-barratry laws.

"It doesn’t make any sense," he said. "(Garcia) was running major cases."

Despite its success, SLM operated for years without drawing much scrutiny outside of legal gossip. That is, until the Garcias’ divorce.

Claiming he had been an unfaithful and abusive husband, Maria de Jesus Garcia in 2005 asked a state district court in Hidalgo County to award her child support and alimony from her husband’s estimated $33 million net worth.

But the divvying up of the couple’s marital property has attracted a slew of creditors claiming Garcia and his company cheated them out of money. Like ambulance-chasing attorneys flocking to an accident scene, nearly a dozen parties have intervened seeking a cut of the estate.

They range from the U.S. Internal Revenue Service, which claims the couple owes them three years of back taxes, to a woman in Mexico who says Garcia fathered her child.

The Law Funder, a New York City-based legal loan company, claims it advanced Garcia, who represented himself as an attorney, nearly $4 million to secure a percentage of damages in a slew of personal injury cases.

A New York law firm has intervened saying it floated SLM $2 million in anticipation of case winnings, and a firm in California maintains it gave Garcia another $4 million. Both say he spent the money on himself.

Schwartz, the Houston attorney who visited with the alleged case runner in 2006, says Garcia stiffed him out of $700,000 he invested in another set of cases stemming from the SiberAir crash.

Garcia maintains that he has never claimed to be a lawyer and that he is not personally liable for any of the debts.

With more and more parties joining the case, its file has grown so large that staff in Judge Jesse Contreras’ 449th state District Court must now wheel the filings around on a cart and now refer to it simply as "the file."

But perhaps more significant than Garcia’s mounting financial problems, the divorce has caught the unusual attention of state lawmakers, who are set to consider legislation to strengthen state barratry laws during the next legislative session.
During a hearing by the Texas House Judiciary and Civil Jurisprudence Committee last month, Edwards cited the case as one of the most flagrant examples of case running he had ever seen.

Lawmakers seemed puzzled as to how a man with a reputation such as Garcia’s could continue to operate almost within plain view of authorities.

"But isn’t that illegal?" state Rep. Will Hartnett, R-Dallas, asked.

"It’s illegal as the devil," Edwards responded. "But try to get a conviction. Try to get a district attorney to take the case, and everyone clams up."

Maria de Jesus Garcia came to Hidalgo County District Attorney Rene Guerra before filing her divorce case in 2005, hoping to start an investigation into her husband’s work, the prosecutor said.

"But they were just allegations," he said. "I told her, ‘When you bring me the proof, then we’ll start an investigation.’ They never came back."

And that’s the problem with most barratry cases. Plaintiffs who were solicited rarely come forward, because if their lawyer is successful, the process ends in a significant payday.

"Other than that, it’s always going to be a problem of corroborating witnesses," said Guerra. "Otherwise it becomes a lot of he said, she said."

Reform advocates like Edwards also maintain the state’s current structure for prosecuting barratry makes it nearly impossible to get a case off the ground.

Too often for overworked prosecutors, such a "victimless" white-collar crime takes a lower priority than more violent offenses like murder, rape or child molestation.

Investigating them also falls to the jurisdiction of local district attorneys, who in many cases have strong political or professional ties to the lawyers they would be targeting.

"It’s very difficult to stand up when it’s one of your peers or political supporters doing it," Edwards said.

The Texas Attorney General’s Office can step in to investigate barratry cases but only upon a request from the local DA.

Recently, two rival lobbying groups — Texans for Lawsuit Reform and the Texas Trial Lawyers Association — have pressured lawmakers to expand penalties for those running cases.

In addition to criminal penalties, violators could be forced to pay back the fees they collected on illegally secured cases, under one proposed suggestion.

Both groups agree cases like Garcia’s demonstrate the need for more effective enforcement options. They just differ on the details.

"I think the one thing that’s clear is that we all want to kill the rats," said Mark Kincaid, legislative director for the trial lawyers group. "We just don’t want to burn the house down to get to them."

Be wary of "jury duty coordinators" calling

2010-06-24T08:24:00.000-07:00

http://rockportpilot.com/articles/2010/06/23/opinion/editorials/doc4c2107059426e045639647.txt

Gulf oil rig disaster attracts raft of personal injury lawyers - Houston Business Journal

2010-06-15T12:39:00.000-07:00

Gulf oil rig disaster attracts raft of personal injury lawyers - Houston Business Journal

Corpus fight against Barratry heard around Texas

2010-06-11T07:57:00.000-07:00

http://www.setexasrecord.com/news/227481-reformers-trial-attorneys-come-together-to-fight-barratry

Local Attorney Fights Barratry

2010-06-09T08:31:00.000-07:00

Say "NO" to personal injury attorneys' unethical behavior NOW by making a donation at www.bacala.net.

Here's why:

According to a news release by the Texas Attorney General's Office, a Corpus Christi attorney and case runner from the Garza Law Firm solicited their legal services at 1:00 a.m., uninvited at the home of a family who's relative had been killed in a car accident earlier that night. This is a perfect example of the on-going problem known as barratry.

On Tuesday, May 25, a Jim Wells County grand jury indicted the defendants with one charge of barratry and one charge of solicitation of professional employment.
BACALA has made tremendous progress in lawsuit reform; unfortunately, many cases of barratry continue to go unnoticed.

Based on his testimony at Chairman Todd Hunter's Interim Hearing of the Judiciary and Civil Jurisprudence Committee on Wednesday, May 26, well-known personal injury attorney Bill Edwards of the Edwards Law Firm strongly agrees that this type of activity is corrupting our society.

"I fought to make barratry a felony. Anyone involved in barratry will be held accountable," said Edwards.

Tune in to hear Edwards speak about the damaging effects of barratry on "Lago in the Morning" on 1360 KKTX at 7:30 a.m. this Thursday, June 10.

Barratry and solicitation of professional employment is a third-degree felony punishable by up to a $10,000 fine and two to 10 years in prison.

And the hot coffee lawsuits continue...

2010-06-08T12:47:00.000-07:00

Starbucks lawsuit stirs new tempest in a teapot - Houston Business Journal

"...the disaster will keep the lawyers busy and make many of them filthy rich from the filthy mess coating portions of the Gulf."

2010-06-07T08:51:00.000-07:00

The Southeast Texas Record's story on the Texas plaintiff lawyers seeking damages after the oil spill in the gulf.

http://www.setexasrecord.com/arguments/227336-in-search-of-the-billion-dollar-disaster-bonanza

Lawyers illegally using "runners" in Corpus Christi

2010-06-02T08:41:00.000-07:00

KRIS-TV, Corpus Christi
May 29, 2010
Corpus Chrisit Attorney indicted for barratry

CALACTX at May 29th 2010 8:37 AM
Efforts to bolster laws against illegal lawsuit solicitation were quietly defeated during the 2009 legislative session. 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.On Wednesday, May 26th, the Judiciary and Civil Jurisprudence Committee held an interim hearing on barratry. Both the trial lawyers and reform groups agree that the laws will be revisited this session in order to impose heavy penalties for those committing this illegal practice. For more information please visit www.calactx.com.

Not a happy time for Happy Meals | happy, meals, board - Opinion - YumaSun

2010-06-01T12:20:00.000-07:00

Not a happy time for Happy Meals happy, meals, board - Opinion - YumaSun

Allowing "No Proof" lawsuits in Texas?

2010-05-28T09:15:00.000-07:00

No proof lawsuits: Bad for jobs, bad for business and bad for Texas
Citizens Against Lawsuit Abuse groups advocate against proposals to lower evidence standards

AUSTIN – Citizens Against Lawsuit Abuse (CALA) cautioned members of the Texas House Judiciary and Civil Jurisprudence Committee today that "no proof" lawsuits will wreak havoc on Texas‟ civil justice system, harm the state‟s reputation as a good place to do business, cost jobs and hurt Texas families.

"Texas has made tremendous progress in preventing lawsuit abuse, but that progress could be in jeopardy if we change our laws to allow lawsuits based on speculation rather than scientific proof," said Veronica Villegas, Executive Director of the Rio Grande Valley CALA.
During the last legislative session, personal injury lawyers pushed legislation that would have allowed them to bring asbestos lawsuits to court with virtually no proof of who actually caused the asbestos – related illness.

"Thankfully, this bad bill died in the Texas House last year, but we‟re still seeing aggressive efforts from some personal injury lawyers looking to weaken Texas‟ civil justice system and line their pockets at the expense of Texas jobs and employers," warned Diane Davis with East Texans Against Lawsuit Abuse (ETALA).

Bob Parker, Chairman of Bay Area Citizens Against Lawsuit Abuse added, "Allowing „no proof" lawsuits flies in the face of common sense and will lead to an upsurge in speculative lawsuits around the state."

Texas CALAs provided written testimony to the Committee encouraging Committee members to oppose efforts to lower the standards of evidence in asbestos-related mesothelioma cases, and protect Texas‟ job-friendly climate. After several proposals to amend current law and lower these standards failed during the 2009 legislative session, the committee is readdressing the issue now as part of their interim activity.

"This change would open up a much wider range of large and small employers to litigation while cutting their very defense out from under them," said Stephanie Gibson, Executive Director of CALA of Central Texas. "Proponents claim it‟s about protecting victims. But it‟s not. It‟s about using a dragnet to pull in more defendants and force them to the settlement table.
Gibson noted that the current law works for victims, and for Texas.

Gibson said. "Our current laws ensure that those who are sick from asbestos exposure are well- compensated and defendants are held responsible while applying reasonable, medically-based, scientifically-supported evidence standards to these cases."

Michelle Martin, with Citizens Against Lawsuit Abuse of Houston, added, "It is common sense that a lawsuit should be based on proof that a person or business caused the injury, and we shouldn‟t accept anything less in our civil justice system."

"As personal injury lawyers continue to look for new ways to sue, lawmakers must remain vigilant to protect Texas businesses and our civil justice system," concluded ETALA‟s Davis.

"The civil justice reforms we‟ve passed in Texas, have helped make our state a great place to live and work…and that means more jobs and more opportunities for Texas families," Davis said.

"We urge our lawmakers to keep Texas thriving and oppose any changes to Texas laws that would undermine our court system, delay or deny justice to those who are truly injured by asbestos, and threaten the employers and jobs that we depend upon."

Corpus lawyers mentioned in San Antonio Express regarding "Ambulance Chasing"

2010-05-27T08:24:00.001-07:00

http://www.mysanantonio.com/news/local_news/ambulance_chasing_in_cross_hairs_94983684.html

"Put the Brakes on Ambulance Chasing" - Bob Parker

2010-05-25T08:23:00.000-07:00

Put the Brakes on Ambulance Chasing

By Bob Parker, BACALA Chairman

Ambulance chasing is booming in parts of Texas, undermining not only our system of justice but our sense of justice, as injured people are subjected to questionable and insensitive tactics at one of the most vulnerable times in their lives. Now, Texas lawmakers have a chance to further protect Texans from this predatory practice.

A committee of the Texas House of Representatives is examining the problem of ambulance chasing and has the opportunity to recommend legislation to address this ugly legal tactic during next year’s legislative session. This could include tougher sanctions against lawyers or anyone who engages in ambulance chasing – legally known as barratry – or perhaps a Constitutional amendment to protect injured individuals from unsolicited contact by those who are only out to make a buck out of others’ misfortune.

But the bottom line is Texas must hold ambulance chasers accountable to the highest degree.

The incredibly insensitive practice of brazenly soliciting clients -- especially after an accident, the death of a loved one or while the injured person is still in the hospital -- is becoming commonplace in parts of Texas, especially in areas that are well-known hotbeds of abusive litigation and questionable legal antics.

For instance, the San Antonio Express-News has reported that barratry is “flourishing” in South Texas and that “warfare has broken out over barratry” in Corpus Christi. In that Gulf Coast city, the local newspaper noted that “lawyers are suing lawyers, seeking to overturn multimillion-dollar settlements of cases they claim were acquired improperly.”

Ambulance chasing is offensive on many levels. First, it means the perpetrators have the gall to approach their potential client in the hospital, the emergency room, even at the funeral home. And they often offer cash up front if a person or family will let them handle their case.

We’ve heard horror stories about a grieving mother approached in a funeral home, a man contacted in the hospital while still heavily sedated and temporarily blind following an accident, and another family that was paid $25,000 to sign their case to a specific law firm.

These antics fly in the face of common decency and show clearly why ambulance chasing is a felony offense in Texas. But felony or no, it continues to happen.

And that is why lawmakers in 2009 attempted to strengthen civil penalties against the practice of barratry. While that measure failed, we are encouraged that a legislative committee is again reviewing the problem.

Until we have stronger penalties on the books, these types of abusive tactics will continue. And so until that time, we urge any Texan who feels they may have been the victim of barratry to file a complaint with the State Bar of Texas by calling 1-800-204-2222. Ambulance chasers prey on victims. They are a menace to the legal profession and to the families and victims of accidents who need time to heal and grieve without being hounded by some predatory personal injury lawyers. Texans should support stronger laws to end this abhorrent practice.

R.E. "Bob" Parker is President of Repcon, Inc. Corporate headquarters are in Corpus Christi, with offices also located in the Houston, Beaumont and Baton Rouge areas. He currently serves as Chairman of the Board of Directors of Bay Area Citizens Against Lawsuit Abuse.

"No proof" asbestos lawsuits

2010-05-20T08:39:00.000-07:00

http://www.setexasrecord.com/arguments/226954-allowing-no-proof-asbestos-lawsuits-would-hurt-texas-jobs-families

Wacky Warnings Signal Lawsuit-Happy Society

2010-05-06T09:26:00.001-07:00

http://www.setexasrecord.com/arguments/226545-just-in-time-for-mothers-day-baby-products-wacky-warnings-signal-lawsuit-happy-society

More doctors moving to Houston

2010-05-05T13:02:00.001-07:00

http://abclocal.go.com/ktrk/story?section=news/health&id=7416166

Lawsuit Lobby Remains Active

2010-05-03T10:07:00.001-07:00

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=May&artYear=2010&EntryNo=10934

"So why do some state representatives keep proposing ways to undo tort reforms that have made life better for Texans?"

2010-04-26T09:17:00.000-07:00

http://www.setexasrecord.com/arguments/226305-trying-to-deform-tort-reform

Trial lawyer legislators behind 'anti-tort reform' bills; CALA fears more to come

2010-04-21T09:30:00.000-07:00

http://www.setexasrecord.com/news/226190-trial-lawyer-legislators-behind-anti-tort-reform-bills-cala-fears-more-to-come

A note to supporters

2010-04-19T13:30:00.000-07:00

Texas Inching out of Infamy as Relentless Personal Injury Lawyers Try to Roll Back Reforms

A Note to Supporters:

A recent survey from the U.S. Chamber Institute for Legal Reform shows that the Texas legal climate ranks 36th in the nation – up five places since 2008. Despite the fact that Texas is inching out of civil justice infamy, we’re still near the bottom nationally and personal injury lawyers’ relentless efforts to roll back reforms only slow progress.

Ten years ago Texas ranked among the worst 10 states in the nation to do business but common sense legal reforms have led to a steady improvement in our legal climate. Along the way, a dedicated faction of personal injury lawyers has continually tried to undo reforms and return Texas to the days when out-of-control lawsuits ruled the day.

During the last legislative session, we saw no less than 900 proposals that would have undermined reform or created new ways to sue. During the legislative interim, personal injury lawyers are once again pushing a proposal to allow plaintiffs to sue for expenses that were never even incurred. A dedicated faction of anti-reformers is also working to eliminate arbitration as a legal option in Texas. Arbitration has allowed consumers and businesses of all sizes to resolve disputes without the cost of going to trial. It’s no surprise that some personal injury lawyers would want to eliminate arbitration since this option reduces legal expenses – and therefore reduces lawyers’ paychecks.

Texas has proven that civil justice reform works. We’ve seen expanded access to health care since the passage of medical liability reforms. We’ve seen job creation and tremendous economic growth thanks to improvements in our legal climate. Clearly, we have a lot more work to do. But Texas can only continue to rise in the national rankings if we remain vigilant and constantly fend off efforts to undo reforms and turn back the clock.

Thank you for your continued support to help us fight lawsuit abuse!

www.tala.org

Are people googling entire novels to read online?

2010-04-07T12:07:00.000-07:00

http://www.washingtonpost.com/wp-dyn/content/article/2010/04/07/AR2010040701617_pf.html

Why comics don't sue over joke theft

2010-04-05T09:27:00.000-07:00

http://www.abajournal.com/news/article/law_profs_explain_why_comics_dont_sue_over_joke_thefts/

"By declaring war on Peeps, they have declared war on Easter." A seasonal lawsuit!

2010-04-01T08:43:00.000-07:00

http://www.colbertnation.com/the-colbert-report-videos/250387/september-24-2009/easter-under-attack---peeps-display

Well said! Jury Duty doesn't HAVE to be a nightmare. Just be prepared.

2010-03-30T08:48:00.001-07:00

http://crimeblog.dallasnews.com/archives/2010/03/have-jury-duty-stop-complainin.html

Do you think the AMA betrayed our physicians?

2010-03-29T08:41:00.001-07:00

http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-doctors_27bus.ART.State.Edition2.4c77c44.html

Outstanding new system! Now there should be no excuse. Serving on a jury shows personal responsibility.

2010-03-24T09:22:00.000-07:00

Corpus Christi, TX KRISTV.com - Nueces County Announces Simplified Jury Management System

Toyota facing shareholder revolts through lawsuits - NYPOST.com

2010-03-22T09:46:00.000-07:00

Toyota facing shareholder revolts through lawsuits - NYPOST.com

"Lawyers waste no time in milking Toyota tragedy"

2010-03-19T08:42:00.000-07:00

http://www.texasinsider.org/?p=24070

Bertuzzi on Reform

2010-03-19T08:37:00.000-07:00

Corpus Christi Caller-Times
March 15, 2010
Letter: Most want reforms

Some may not remember what it was like in our state before the current lawsuit reforms were put in place. Texas was called “the lawsuit capital of the world.” Businesses would not open up shop here and doctors were leaving the state or retiring early because of the high cost of medical liability insurance. Today other states and national health care reformers are looking at Texas tort reforms as a model.

Medical liability insurance rates have dropped by 50 percent in some places and more than 16,000 doctors have applied for licenses since the reforms were passed in 2003. High-risk doctors are now practicing in areas — including Corpus Christi — where they were not before. The Texas economy has been declared the strongest in the nation by virtually every nonpartisan evaluator. All agree that tort reform is a strong factor in job growth, business expansion, productivity and product innovation.

The most recent polls indicated that majorities in both political parties in Texas support the lawsuit reforms and that more than half of all Texans want more reforms. In fact, the only people who oppose tort reform are personal injury trial lawyers who want to increase their business and create more opportunities to sue.

Michael A. Bertuzzi, Nueces County Republican Party Chairman

Heroes and Villains of Legal Reform - Vote NOW!

2010-03-15T08:52:00.000-07:00

http://americanjusticepartnership.com/heroes_villains_list.php

"Health courts" the impetus of reform. Thoughts?

2010-03-11T08:28:00.000-08:00

Tort Reform Makes a Comeback :: Article

Lindsay Lohan Reportedly Suing E-Trade for Ad

2010-03-09T13:02:00.000-08:00

She's Lindsay Lohan. Not "Lindsay." But then again she's not really working right now, so... $100 million should do the trick. Lindsay Lohan Reportedly Suing E-Trade for Ad

Junk Science Begets Junk Lawsuits - Investors.com

2010-03-05T08:44:00.000-08:00

Junk Science Begets Junk Lawsuits - Investors.com

Justified or Frivolous?

2010-02-26T08:26:00.000-08:00

Dishwasher wants to reinstate suit against retirement home
2/25/2010 4:13 PM
By David Yates

Dowlen Oaks Retirment Home

A dishwasher who blamed his skin problems on his employer's failure to adequately train him how to wash dishes is asking an appellate court to reinstate his suit against the Dowlen Oaks Retirement Center.

In November 2007, the Southeast Texas Record reported on a suit filed by Gary Stallworth, who claims his sensitive skin condition was caused by washing dishes at the retirement center.

A year later case proceedings were halted, as Stallworth and Dowlen Oaks agreed to enter into arbitration.

On July 2, 2009, an arbitrator granted a no evidence motion for summary judgment by Dowlen Oaks. The unfavorable outcome led Stallworth to jump out of arbitration and back in to the civil courts.

Representing himself, Stallworth filed an appeal in the Texas Ninth District Court of Appeals on Aug. 27.

The case has been set for submission on briefs for Tuesday, May 2. However, a Ninth Court employee informed the Record that as of Feb. 24, no legal briefs have been filed.Through attorney Pat McGinnis, Stallworth originally filed a personal-injury lawsuit with the Jefferson County District Court on Nov. 7, 2007.

Stallworth claims he was washing dishes for Dowlen Oaks on Nov. 28, 2005, when he began to notice a skin problem on his hands.

In his suit, Stallworth claims doctors informed him the injury was caused by the manner in which he was washing dishes."The incident was caused by negligent acts...on the part of Dowlen Oaks," the suit said.

The suit alleges Dowlen Oaks is negligent for failing to provide proper training, equipment and staff and for failing to provide a safe place to work.

Stallworth is seeking damages for his past and future physical pain, mental anguish, lost wages, impairment and medical expenses, plus actual and compensatory damages. Judge Milton Shuffield, 136th Judicial District, presided over the case.

Trial case No. D180-722
Appeals case No. 09-09-00395-CV

http://www.setexasrecord.com/news/225051-dishwasher-wants-to-reinstate-suit-against-retirement-home

A challenge may be ahead of us... It's time to get out and vote!

2010-02-25T08:17:00.000-08:00

Bill White quietly building a big-money machine for governor

7:39 AM Thu, Feb 25, 2010

While the Republicans for governor are battling it out -- raising the spending big bucks in pursuit of the GOP nomination, Democrat Bill White is quietly building a financial base to challenge in the fall. White's attracting support from the party's most potent donors -- trial lawyers, labor and the Democratic establishment. He'll need it if he's the nominee facing a Republican in November.

As I reported this morning, White collected $500,000 from the Democratic Governors Association, according to the latest filings. (Their Republican counterpart dumped $1 million into Perry's reelection four years ago). White also got $50,000 each from trial lawyers Thomas Umphrey of Beaumont, Joseph Jamail of Houston and Richard Mithoff of Houston. Here are some other big-money trial lawyer donations: $25,000 each from Russell Budd of Dallas, Domingo Garcia of Dallas and Cary Patterson of Texarkana; $15,000 from asbestos attorney Peter Kraus of Dallas and $10,000 each from Frank Branson and Marc Stanley, both of Dallas.

White got $50,000 from the American Federation of State, County and Municipal Employees union. And party stalwarts weighed in to begin buildling White's campaign treasury: Waco insurance executive Bernard Rapoport, $15,200; long-time Democratic strategist George Shipley of Austin, $15,000 and former Ambassador Lyndon Olson of Waco, $10,000.

http://trailblazersblog.dallasnews.com/archives/2010/02/bill-white-quietly-building-a.html

"Lawyers' lies and the lying lawyers who tell them" - James Coplan

2010-02-23T09:20:00.000-08:00

Conservative Talk Radio, Local, National News, Traffic, 660 KSKY AM Dallas-Fort Worth

Texas gets an "A" from ATRA for outside counsel relationships

2010-02-19T08:17:00.000-08:00

"Texas was singled out for requiring all state agencies to use a competitive bidding process for contracts."
http://www.legalnewsline.com/news/225609-atra-releases-study-calls-for-outside-counsel-reform

Trial lawyers: Democrats' other money machine | Washington Examiner

2010-02-10T10:46:00.000-08:00

James R. Copland: Trial lawyers: Democrats' other money machine Washington Examiner

State Representative Rob Orr Earns Statewide Award for Fighting Lawsuit Abuse

2010-02-09T08:12:00.001-08:00

http://www.texasinsider.org/?p=21639

Know your judges.

2010-02-08T09:24:00.000-08:00

http://www.mysanantonio.com/news/politics/High_court_race_draws_crowd.html

"Voters elect state attorneys general, not private lawyers looking to get rich."

2010-02-02T09:21:00.000-08:00

EDITORIAL: Pay to play with AGs - Washington Times

Arbitration works for consumers

2010-01-27T08:21:00.000-08:00

From Texans Against Lawsuit Abuse www.tala.com

ARBITRATION WORKS FOR CONSUMERS
Citizens Against Lawsuit Abuse groups urge interim committee to support arbitration, noting support from voters and high consumer satisfaction

AUSTIN – Urging legislators to resist efforts that would undermine the use of arbitration in Texas, Citizens Against Lawsuit Abuse (CALA) groups today told members of a House committee that arbitration is a less expensive, more efficient alternative to litigation that bolsters access to justice for many Texans.

“If personal injury lawyers and their advocates in Texas have their way, employers and consumers here may have fewer alternatives to costly and time-consuming litigation,” said Chip Hough, a small business person and board chairman of Bay Area CALA in Corpus Christi. “Why the focus on arbitration? It’s been clear for years that personal injury lawyers chafed at the system. They don’t like arbitration because it provides solutions to disputes without lengthy and expensive litigation. Employers and consumers, on the other hand, embrace arbitration for the very same reasons.”

CALA representatives from across the state made their case in testimony provided to the Texas House Committee on Judiciary and Civil Jurisprudence. As part of its interim activity, the committee has been charged with studying and making recommendations regarding the use of arbitration in Texas. This interim study comes on the heels of an unsuccessful effort during the 2009 legislative session by state Sen. Royce West of Dallas to effectively eliminate arbitration in consumer cases, employment matters, franchisor/franchisee disputes, and in many other instances.

As personal injury lawyers lobby against arbitration in Texas, the American Association of Justice (formerly known as the American Trial Lawyers Association) is waging a battle on the national level. In early January, this group announced that making arbitration clauses illegal would top their 2010 agenda.

“At Citizens Against Lawsuit Abuse, our mission is to advocate for a fair and just legal system,” said Stephanie Gibson, executive director of Central Texas CALA in Austin. “Since our founding, we have advocated for an end to abusive and frivolous litigation that can delay or deny justice for those who are truly injured. Our support for arbitration is a natural extension of our support for timely justice.”

Arbitration allows an individual to seek justice within a legal structure but does not necessitate that they hire a lawyer (although they can choose to do so).

Opponents of arbitration claim the system harms consumers. But a 2008 study, submitted to the committee today as part of the CALA testimony shows just the opposite. “Arbitration – A Good Deal for Consumers,” prepared for and released by the U.S. Chamber Institute for Legal Reform, is available for review at http://www.instituteforlegalreform.com/component/ilr_issues/29/item/ADR.html. Written by Professor Peter B. Rutledge the 2008 overview clearly shows that arbitration works for consumers and employers alike. Specifically, the report shows:

§ Consumers win. Consumers won their cases slightly more than 70 percent of the time when they chose arbitration.

§ Consumers win faster. In contrast to the sluggish pace of litigation, the average time from filing to disposition of a case taken to arbitration was approximately 100 days (litigation took 3 to 4 times longer, other studies showed).

§ Consumers win more often with arbitration than in litigation. Conversely, when an employer initiated the case, their win rate in arbitration was almost equal to that in litigation.

§ Lower costs. In a study of employer and securities litigation, arbitrated disputes cost less than litigation, even when attorney’s fees are included.

Also in 2008, the U.S. Chamber Institute for Legal Reform released a survey of U.S. voters that found 82 percent of those surveyed said they prefer arbitration to litigation as a means to settle a serious dispute with a business; the survey also found that 71 percent oppose efforts by lawmakers to remove arbitration agreements from consumer contracts.

Michelle Martin, executive director of Houston CALA agreed, saying: “It’s no secret that lawsuits are costly. Many individuals are discouraged from seeking justice – especially in those cases that threaten long, drawn-out legal battles. Arbitration provides parties an alternative solution.”

CALA representatives said the current system works for consumers and is critical for employers. “Preserving these options is critical for consumers and the small employers who provide the jobs and paychecks our families depend on,” said Veronica Villegas, executive director of the Valley CALA.

“The bottom line,” Hough concluded, “is some personal injury lawyers argue against arbitration because it hurts their law firm’s bottom line. For the rest of us, arbitration works. We hope the committee conducts a thorough review and reaches the same conclusion.”

Time to Consider Judicial Reform

2010-01-25T08:59:00.000-08:00

Express-News Editorial Board -

Bexar County's March primary elections will feature seven local contested judicial contests. When the general election rolls around in November, 17 countywide judicial elections will be on the ballot.

These races will be overshadowed by a hotly contested gubernatorial battle, congressional races and other campaigns that traditionally draw more attention than judicial seats.
In other large Texas counties, the same dynamic will be at play.

Population growth causes the number of courts to increase, and the average person's ability to thoroughly keep track of judicial races decreases.
As Texans watch the 2010 elections unfold, it is a good time to consider changes in the way judges are selected.

While politics will be part of any system, merit selection plans that feature appointment, particularly using a commission, and retention elections instead of partisan elections are worthy of serious consideration.

Merit selection plans are introduced almost every session of the Legislature, usually involving only statewide races, but have yet to reach voters in the form of constitutional amendments necessary to make the needed changes.

In a noteworthy development last month, former U.S. Supreme Court Justice Sandra Day O'Connor joined the effort to eliminate partisan judicial elections across the nation. The former high court judge became the leader of the O'Connor Judicial Selection Initiative, which was launched by the Institute for the Advancement of the American Legal System.

O'Connor told the New York Times the she hopes to raise the stature of judges beyond “politicians in robes.”

And the cause got a boost from the Supreme Court last year in a ruling that required judges to recuse themselves from cases involving litigants who had contributed large amounts of money to their election campaigns.

In recent years, polls have shown that Americans are concerned about the influence of contributions on judicial rulings.

While judicial candidates will tell voters that they can rule on cases without being swayed by contributions, the top court in the land has now acknowledged that large contributions raise legitimate questions about due process.

The combination of forcing judges to be politicians and the overwhelming number of judicial races makes a good argument for reform. We hope voters will consider that argument when they either spend an inordinate amount of time to learn about judicial candidates or confront a ballot filled with the names of candidates they know little about.

http://www.mysanantonio.com/opinion/Time_to_consider_judicial_reform.html

2010-01-22T08:32:00.000-08:00

Interesting video with Penn and Teller on ADA. Tell us your thoughts. Also become a supporter of BACALA. Go to www.bacala.net.

http://overlawyered.com/tag/ada-filing-mills/

OrlandParker: Egg thrower sues homeowner for defending home is voted top ridiculous lawsuit

2010-01-14T11:40:00.000-08:00

OrlandParker: Egg thrower sues homeowner for defending home is voted top ridiculous lawsuit

2010-01-13T09:05:00.000-08:00

Trial bar seeks to expand liability, end arbitration clauses 1/12/2010 3:21 PM By Chris Rizo

Tarricone
WASHINGTON (Legal Newsline)-The national trial lawyers group outlined its 2010 legislative agenda Monday, announcing that the group plans to take aim at mandatory arbitration clauses and push to expand civil liability, among other initiatives.Outlining its political agenda for the year, the American Association for Justice said the group will focus its energies this year on leveling the litigation playing field, which it says currently "tilts too much" in favor of corporate interests."During the last decade, we saw a dismantling of regulations and our legal system for the benefit of big corporations and to the severe detriment of patients and consumers," AAJ President Anthony Tarricone said in a statement. The Washington-based group announced its 2010 legislative agenda as it nears a major victory on Capitol Hill. This year, the trial bar was able to keep tort reform out of the proposed federal health care overhaul being crafted by Congress. But AAJ did not get all it wanted in 2009. The trial lawyer lobby unsuccessfully sought federal legislation to give a special $1.6 billion tax break to its ranks.The proposal would have allowed plaintiffs attorneys to deduct fees and expenses up-front on their taxes for filing contingency-fee lawsuits. Legal expenses are currently considered loans to clients that are to be repaid from ultimate awards if they win or deducted on their income filings in the event of a loss.Amid newspaper editorials and an outcry from legal reformers who said the proposal would be an incentive for lawyers to file more lawsuits, the measure foundered.2010, however, is a new year ...On the mandatory arbitration clauses common in many consumer contracts, AAJ said it will push legislation that ensures that the decision to arbitrate a dispute is made voluntarily by a consumer and after a dispute has arisen, particularly in nursing home contracts.While the trial bar wants plaintiffs lawyers to be able to file lawsuits on behalf of aggrieved consumers right off, proponents of arbitration say the process is fair and is needed to help take pressure off of already bogged-down courtrooms.On the liability front, the plaintiffs' lawyer lobby is backing the Medical Device Safety Act pending in Congress. The measure would essentially allow trial lawyers to sue manufactures over approved medical devices in state courts. The proposal would reverse the 2008 U.S. Supreme Court decision in Riegel v. Medtronic, in which the high court held that federal law bans lawsuits filed against manufacturers of products approved by the U.S. Food and Drug Administration.The Washington-based American Association for Justice, formerly known as the Association of Trial Lawyers of America, also said Monday it wants its members to be able to file lawsuits on behalf of their clients against foreign manufacturers over unsafe products. Specifically, the group is calling for passage of the Foreign Manufacturers Legal Accountability Act, which would allow American consumers to seek redress in U.S. courts for damages caused by foreign-produced products."Americans simply want safe products, fewer unnecessary injuries and a restoration of checks and balances that give people a fair chance to receive justice," Tarricone said in outlining his group's agenda. "A strong civil justice system is part of this equation, and plays a necessary role in holding wrongdoers accountable."Tarricone is a a partner at the aviation law firm of Kreindler & Kreindler LLP in Boston.From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.

This year's Judicial Hellholes

2009-12-16T08:42:00.001-08:00

http://www.atra.org/reports/hellholes/report.pdf

Nation's worst civil courts to be announced

2009-12-09T13:29:00.000-08:00

‘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.

Cornyn Luncheon Postponed

2009-12-07T11:42:00.001-08:00

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.

The Passing of Bill Summers

2009-12-01T12:14:00.000-08:00

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.”

Dear Friend and Founder of CALA Movement Passes Away

2009-12-01T08:56:00.000-08:00

Tributes pour in for Valley Partnership legend Bill Summers
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.

2009-11-23T10:29:00.001-08:00

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.

Lawyers using "runners"

2009-11-16T11:47:00.000-08:00

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

Jury Service Awareness Month!

2009-11-11T09:34:00.000-08:00

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.

Perry Promotes Texas in the Big Apple

2009-10-27T09:30:00.000-07:00

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

Reform affects the cost and quality of health care

2009-10-26T08:34:00.000-07:00

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

Jury Finds Fraud by Forewoman

2009-10-23T08:35:00.000-07:00

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

$2.5 million for being grossed out?

2009-10-21T12:00:00.000-07:00

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?

Frequency of Hospital Professional Liability Claims Increasing After Years

2009-10-21T08:48:00.000-07:00

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.

Who's ready for Halloween!?

2009-10-20T09:16:00.000-07:00

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.

Liability reform could save $11B - Austin Business Journal:

2009-10-19T08:57:00.001-07:00

Liability reform could save $11B - Austin Business Journal:

Shared via AddThis

Put the Brakes on Ambulance Chasing

2009-10-14T09:06:00.000-07:00

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.

2009-07-22T19:05:00.001-07:00

2009-07-22T19:04:00.001-07:00

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:

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!

What does this mean to you and me? It means that we spend a lot of money -- on taxes and higher prices for products and services-- to pay for a civil litigation system that has spun out of control.