Sunday, September 19, 2021
HomePatriot DispatchesLoser Pays; Ambulance Chasers Put On Notice!

Loser Pays; Ambulance Chasers Put On Notice!

There is a reason lawyers are hated and despised, a majority of them are crushing the spirit of America. It is unfortunate that the Congress has not chosen to attack the one area that would free up a huge amount of capital -  Tort Reform. That lawyers can find a small item of interest that most of us would choose to ignore to sue on and break the backs of companies in the process has been one of the most crushing job killers in the USA. As Is The Usual, Texas Shows The Way Forward.

Gov. Rick Perry and the Texas state legislature want the rest of the country to hear this message loud and clear: The Lone Star State is open for business.

In a unanimous vote last week, the Texas senate adopted ‘loser pays’ tort-reform legislation, which says that a plaintiff must pay the winning party’s legal fees if their complaint is judged to be groundless. On Wednesday, the Texas house concurred. Governor Perry, who had championed the legislation from its inception, signed it Monday night.

The Wall Street Journal editorialized, “This Texas upgrade will build on reforms in 2003 and 2005 that have vastly improved the legal climate in what has not coincidentally become the country’s best state for job creation. Texas rewrote everything from class-action certification to product liability” — and I would add the state’s medical-malpractice reforms to that list.

No wonder the nation’s CEOs list Texas as the best state for business.

The success of ‘loser pays’ is destined to be viewed as a key victory for the Republican legislature over a group that once enjoyed almost limitless influence in the state: the Texas Trial Lawyers Association, which lobbied aggressively against the law. Prior to the reforms instituted in 2003 and 2005, Texas was an ambulance chaser’s paradise. Nowadays, even the $13 million the trial lawyers spent to defeat Perry and other pro-tort-reform Republicans in the 2010 election had little impact. In a stunning rebuke, Lt. Gov. David Dewhurst stared down the trial lawyer lobby and shepherded the measure through to a 31–0 vote in the Senate.

Wisconsin took on the job killing unions; now Texas is taking on the sue-happy lawyers (job killers), and I applaud them. I am praying that the Republican House takes up something similar.

JadedByPolitics
Whoever has his enemy at his mercy & does not destroy him is his own enemy

2 COMMENTS

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2 COMMENTS

  1. Good for TX. No wonder businesses are willing to go to work there, their legislature is not a wholly owned subsidiary of the trial lawyers.

    The other thing I’d really like to see, though I think it would have to come from the federal level, is an exemption from all liability lawsuits for any drug that is approved by the FDA unless it can be shown that the company falsified their data to obtain the approval.

    It makes me insane that the FDA can make us wait 20 years for a drug, testing it over and over and over to prove its efficacy, only to have the producing company sued to oblivion when wide release shows that it has an unexpected side effect.

    Nothing in life is risk free, especially body altering drugs. We need to grow up and say that we’ve checked it and it looks OK to us, but caveat emptor. Life has risks, and you’re taking one when you take a drug. I think we would have a spike in drug companies willing to try new treatments for different health problems (assuming the repeal of OCare – of course.)

  1. Good for TX. No wonder businesses are willing to go to work there, their legislature is not a wholly owned subsidiary of the trial lawyers.

    The other thing I’d really like to see, though I think it would have to come from the federal level, is an exemption from all liability lawsuits for any drug that is approved by the FDA unless it can be shown that the company falsified their data to obtain the approval.

    It makes me insane that the FDA can make us wait 20 years for a drug, testing it over and over and over to prove its efficacy, only to have the producing company sued to oblivion when wide release shows that it has an unexpected side effect.

    Nothing in life is risk free, especially body altering drugs. We need to grow up and say that we’ve checked it and it looks OK to us, but caveat emptor. Life has risks, and you’re taking one when you take a drug. I think we would have a spike in drug companies willing to try new treatments for different health problems (assuming the repeal of OCare – of course.)

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