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."
Friday, May 28, 2010
Thursday, May 27, 2010
Tuesday, May 25, 2010
"Put the Brakes on Ambulance Chasing" - Bob Parker
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.
Thursday, May 20, 2010
Thursday, May 6, 2010
Wednesday, May 5, 2010
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