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
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