Thursday, September 29, 2011

Texas's loser pays law anticipated to have minimal effect

Texas Governor Rick Perry's latest plan to kick trial lawyers out of his state may not send them packing after all.

The so-called "loser pays" law that Perry has touted as he seeks the Republican nomination for U.S. president will not have a significant impact in his state, according to attorneys and legal experts. The measure has sparked interest among proponents of legal reform nationwide, though other states are not rushing to adopt similar laws.

Legal experts say the Texas law, which in certain cases makes the loser in a civil lawsuit pay the other side's legal fees, is narrowly written, and will only affect a small number of lawsuits, perhaps 5 percent of those filed in Texas.

"It's a triumph of labeling," said Walter Olson, a fellow at the libertarian Cato Institute in Washington, and an expert on legal reform. "This is not a 'loser pays' system -- not even close. It is one little slice of 'loser pays' that wouldn't have been given national attention if the label hadn't been slapped on it."

Perry, the Republican frontrunner in the 2012 presidential campaign, made the legislation an "emergency" item on his 2011 agenda as governor.

He said the law will not only reform Texas' legal system, but will also create jobs. Because they will be able to avoid "frivolous" lawsuits, employers will flock to the state to do business, he said.

But the new "loser pays" provision likely will be invoked only occasionally, only in cases dismissed from court in the early stages, said Bradley Parker, a partner at law firm Parker McDonald in Fort Worth.

Perry has boasted about the new law on the campaign trail, including at a nationally televised Republican presidential debate earlier this month when he said the measure, coupled with previous reform efforts, would go a long way to "tell the trial lawyers to get out of your state."

The law is significant, says Perry spokeswoman Allison Castle, because it "streamlines" litigation and "keeps defendants from being "dragged through months, or even years, of expensive discovery before the court can dismiss the case."

The Texas law, which went into effect on September 1, brings the state in line with other U.S. states by allowing a judge to declare an early dismissal of a lawsuit. Now, when a judge throws out a case because it has "no basis in law or fact," the court will award attorneys' fees to the prevailing party.

Alex Winslow, executive director of Texas Watch, a consumer advocacy group, said he was more concerned with another part of the law: changes to a provision that might be nicknamed "winner pays." that could discourage individuals and small businesses from bringing legitimate lawsuits against large corporations

If a plaintiff rejects a settlement offer and subsequently wins an award worth less than 80 percent of the rejected offer, the defendants can recover litigation costs out of the jury award.


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source: Reuters (Herbst, 9/28)

Wednesday, September 28, 2011

Deaths linked to cantaloupe could reach 16 or more; deadliest outbreak in more than a decade

WASHINGTON — Health officials say as many as 16 people have died from possible listeria illnesses traced to Colorado cantaloupes, the deadliest food outbreak in more than a decade.

The Centers for Disease Control and Prevention said Tuesday that 72 illnesses, including 13 deaths, are linked to the tainted fruit. State and local officials say they are investigating three additional deaths that may be connected.

The death toll released by the CDC Tuesday — including newly confirmed deaths in Kansas, Missouri, Nebraska and Texas — surpassed the number of deaths linked to an outbreak of salmonella in peanuts almost three years ago. Nine people died in that outbreak.

The CDC said Tuesday that they have confirmed two deaths in Texas and one death each in in Kansas, Missouri and Nebraska. Last week the CDC reported two deaths in Colorado, four deaths in New Mexico, one in Oklahoma and one in Maryland.

New Mexico officials said Tuesday they are investigating a fifth death, while health authorities in Kansas and Wyoming said they too are investigating additional deaths possibly linked to the tainted fruit.

Listeria is more deadly than well-known pathogens like salmonella and E. coli, though those outbreaks generally cause many more illnesses. Twenty-one people died in an outbreak of listeria poisoning in 1998 traced to contaminated hot dogs and possibly deli meats made by Bil Mar Foods, a subsidiary of Sara Lee Corp. Another large listeria outbreak in 1985 killed 52 people and was linked to Mexican-style soft cheese.

Listeria generally only sickens the elderly, pregnant women and others with compromised immune systems. The CDC said the median age of those sickened is 78 and that one in five who contract the disease can die.

Dr. Robert Tauxe of the CDC says the number of illnesses and deaths will probably grow in coming weeks because the symptoms of listeria don’t always show up right away. It can take four weeks or more for a person to fall ill after eating food contaminated with listeria.

“That long incubation period is a real problem,” Tauxe said. “People who ate a contaminated food two weeks ago or even a week ago could still be falling sick weeks later.”

CDC reported the 72 illnesses and deaths in 18 states. Cases of listeria were reported in California, Colorado, Florida, Illinois, Indiana, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. The most illnesses were reported in Colorado, which has seen 15 sickened. Fourteen illnesses were reported in Texas, 10 in New Mexico and eight in Oklahoma.

The outbreak has been traced to Jensen Farms in Holly, Colo., which recalled the tainted cantaloupes earlier this month. The Food and Drug Administration said state health officials had found listeria in cantaloupes taken from grocery stores in the state and from a victim’s home that were grown at Jensen Farms. Matching strains of the disease were found on equipment and cantaloupe samples at Jensen Farms’ packing facility in Granada, Colo.

FDA, which investigates the cause of foodborne outbreaks, has not released any additional details on how the contamination may have happened. The agency says its investigation is ongoing.

The Rocky Ford-brand cantaloupes from Jensen Farms were shipped from July 29 through Sept. 10 to Arkansas, Arizona, California, Colorado, Idaho, Illinois, Kansas, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

The recalled cantaloupe may be labeled “Colorado Grown,” ‘’Distributed by Frontera Produce,” ‘’Jensenfarms.com” or “Sweet Rocky Fords.” Not all of the recalled cantaloupes are labeled with a sticker, the FDA said.

Unlike many pathogens, listeria bacteria can grow at room temperatures and even refrigerator temperatures. The FDA and CDC recommend anyone who may have one of the contaminated cantaloupes throw it out immediately and clean and sanitize any surfaces it may have touched.

About 800 cases of listeria are found in the United States each year, according to CDC, and there usually are three or four outbreaks. Most of these are traced to deli meat and soft cheeses, where listeria is most common.

Produce has rarely been the culprit, but federal investigators say they have seen more produce-related listeria illnesses in the past two years. It was found in sprouts in 2009 and celery in 2010.

While most healthy adults can consume listeria with no ill effects, it can kill the elderly and those with compromised immune systems. It is also dangerous to pregnant women because it easily passes through to the fetus. Dr. Tauxe of the CDC said the type of listeria linked to the cantaloupes is not one that is commonly associated with pregnancy-associated illnesses, however. State and federal health authorities have not definitively linked any miscarriages, stillbirths or infant illnesses to the current outbreak.

Symptoms of listeria include fever and muscle aches, often with other gastrointestinal symptoms. Victims often become incapacitated and unable to speak.

Debbie Frederick said her mother knew something was wrong when her father, 87-year-old William Thomas Beach, collapsed at his home in Mustang, Okla. and couldn’t get up. He died a few days later, on Sept. 1. The family later learned his death was linked to eating the cantaloupe and sued Jensen Farms.

“First you just kind of go into shock,” said Frederick. “Then it settles in that he would still be alive if this hadn’t happened. It’s a life, for what?”



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Online:

CDC on cantaloupe outbreak: http://www.cdc.gov/nczved/divisions/dfbmd/diseases/listeriosis/092111.html

FDA on cantaloupe recall: http://www.fda.gov/Food/FoodSafety/CORENetwork/ucm272372.htm

Center for Science and the Public Interest, “Super Safe Your Kitchen”: http://www.cspinet.org/new/pdf/safekitchen.pdf

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Associated Press writers Jamie Stengle in Dallas, Josh Funk in Omaha, Neb., Maria Sudekum Fisher in Kansas City, Mo., Susan Montoya in Albuquerque, N.M. and Ben Neary in Cheyenne, Wyo. contributed to this report.


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source: Washington Post (Jalonick, 9/28)

Friday, September 23, 2011

Bass Pro Outdoor World being sued for Discrimination

Bass Pro Outdoor World was accused in a federal lawsuit filed Wednesday of discriminating against qualified black and Hispanic job applicants since 2005 and retaliating against those employees who spoke up about the practice.

The Equal Employment Opportunity Commission, a federal agency charged with enforcing anti-discrimination laws in employment, filed the lawsuit in U.S. District Court in Houston after failing to reach a voluntary settlement with the company.

The nine-page complaint cited incidents at stores in Indiana, Texas, Louisiana and Alabama but said the hiring discrimination and retaliation permeated multiple stores in various states.

The lawsuit alleges that qualified blacks and Hispanics were routinely denied positions at Bass Pro Shop stores and that managers of stores in Houston, Louisiana and other locations made derogatory racial comments acknowledging the practice.

Larry Whiteley, a spokesman for the Springfield, Mo.-based company, said the company had not reviewed the lawsuit and could not immediately comment.

At one store in the Houston area, the general manager allegedly told the human resources manager that "it was getting a little dark in here, you need to hire some white people," according to the lawsuit. Other managers or supervisors used racial and ethnic epithets to describe blacks and Hispanics, the lawsuit says.

The EEOC also alleged that the company destroyed or did not retain documents related to applications and internal discrimination complaints.

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source: www.indystar.com (9/22)

Wednesday, September 14, 2011

2 in Texas get sick from melons

Health officials have issued a warning for cantaloupes from a revered melon-producing area of Colorado amid a bacteria outbreak blamed for four deaths in the state and New Mexico, troubling farmers who depend on sales of the fruit.

The warning from the Centers for Disease Control and Prevention came after numerous cases of a strain of Listeria were reported in six states, including at least 11 from Colorado, 10 from New Mexico, two from Texas, and one each from Indiana, Nebraska and Oklahoma.

The agency said it was the first Listeria outbreak linked to cantaloupe in the United States. The U.S. Food & Drug Administration said it had not recalled the melons while it worked to locate the source.

Rocky Ford cantaloupes, named for a region along the old Santa Fe Trail about 130 miles southeast of Denver, are prized for their above-average sugar content.

"This is really silly. You can get Listeria any place. I eat those melons every day," said Kent Lusk, a fifth-generation cantaloupe farmer from Rocky Ford.

Colorado Agriculture Commissioner John Salazar said the contamination might not be the cantaloupes, but a truck or other source. But several Colorado grocery chains pulled their supplies as a precaution, and New Mexico issued a voluntary recall. State Environmental Health Bureau inspectors were collecting cantaloupe samples from grocery stores and distributors across New Mexico for laboratory analysis.

Listeriosis is a serious infection usually caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, pregnant women, newborns and adults with weakened immune systems.

Colorado health director Chris Urbina said people who are at high risk included people 60 and older, those with weakened immune systems from transplants and people with chronic diseases. Symptoms can include fever, muscle aches, diarrhea, headache, stiff neck, confusion and convulsions. Listeriosis can cause miscarriages and stillbirths.

The CDC warning advised people with cantaloupes at home to see if they came from the Rocky Ford region, and if so, not to eat the melons if they're in a vulnerable group. Health authorities asked people throwing out Rocky Ford cantaloupes to put them in a sealed plastic bag before putting them in the trash.

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source: Houston Chronicle (AP, 9/14)

Thursday, September 8, 2011

Judge's son among those arrested during Labor Day incidents

Midland Texas officers arrest 30 on No Refusal Weekend
The son of Midland County Precinct 2 Judge David Cobos was among more than 30 people arrested in the county for drunken driving during the holiday weekend.

Most were first- or second-time offenders, but others were arrested in the commission of other dangerous and violent crimes while allegedly driving drunk.

Joshua David Cobos, 21, and Jose Guadalupe Robles, 37, both were arrested for a second-degree felony charge of aggravated assault with a deadly weapon, a motor vehicle in this instance. Cobos also was arrested for a first-time offense of misdemeanor driving while intoxicated. Robles also was charged with a second-degree felony of endangering a child. The men were arrested Sunday night.

But Cobos wasn't the only one arrested for allegedly driving while intoxicated. There were 14 other arrests for a first-time offense, four for a second-time offense and five for a third or more charge of DWI. Also, eight people were arrested on misdemeanor charges of DWI with an open container, for a total of 32 arrested for DWI between Friday afternoon and Monday night, according to records obtained by the Reporter-Telegram from the Texas Department of Public Safety, Midland County Sheriff's Office and the Midland Police Department.

"I figured the arrests would have been a lot lower this weekend because of how much we publicized the crackdown," Sheriff Gary Painter said Tuesday afternoon.

But for all the arrests, Painter said, he was happy there weren't any deaths or significant injuries related to drunken driving. He said he hopes to partner with local law enforcement and the district attorney's office more often for "no refusal" weekends.

"This many intoxicated drivers is extremely dangerous," Painter said before reiterating his hope there will be many more crackdown weekends in the near future.

Cobos' son

Midland police were alerted to a rolling, mobile disturbance Sunday shortly before 9 p.m. Officers were originally told the "road rage" incident occurred at the intersection of Andrews Highway and West Illinois Avenue, but were advised shortly after that the vehicles were still "smashing into each other" and headed southbound on Andrews Highway, according to Cobos' and Robles' arrest reports.

Police finally caught the pair at the intersection of West Florida Avenue and South Garfield Street after both vehicles were disabled because of multiple collisions.

After interviewing witnesses and viewing the physical evidence, police determined the disturbance started around the 300 block of Andrews Highway. Reports said Cobos was driving a green 1995 GMC 1500 and Robles was driving a tan Buick Park Avenue when the pair got into a verbal disturbance while driving.

There were conflicting accounts of how the dispute began, but both parties are alleging the other was responsible, police said.

Robles told police officers that Cobos intentionally pulled in front of him, cutting Robles off and causing Robles to slam into the back of Cobos' truck. He then said Cobos threw a beer bottle at his car.

Cobos told officers he accidentally cut Robles off, causing the accident but said there was no intent. He added that Robles continued to pursue him, eventually and repeatedly striking his truck multiple times near the 2100 block of West Florida Avenue.

Regardless of how the incident began, officers concluded there were "straight tire marks from (Robles' vehicle) slamming into (Cobos') vehicle," according to Robles' arrest report.

Witnesses told police the pair began fighting after the final collision.

Based on the evidence and reports attained, Midland police decided to charge both in the rolling assault. Officers wrote in Cobos' arrest report that he used "his (pickup) as a weapon when he intentionally stopped the vehicle in an intersection in a manner that caused a collision with the victim," according to Cobos' arrest reports.

Because multiple witnesses had seen Robles repeatedly slam into Cobos' truck, he also was booked for the same charge. "Due to the fact that (Robles) intentionally struck (Cobos') vehicle and at the same time had a child under the age of one (in the vehicle), he was charged with aggravated assault with a deadly weapon and endangering a child," according to Robles' arrest reports.

Judge Cobos was on call during the holiday weekend, but upon hearing of the incident, he recused himself from the case. Precinct 4 Judge George Zimmerman presided over the arraignment of the younger Cobos.

"I'm a by-the-book judge," Cobos told the Reporter-Telegram in his office Tuesday afternoon. "I immediately recused myself. I've never done anything improper, nor will I start now."

He declined to discuss much of the incident on the record, but a visibly distraught Cobos said he was sad over his son's alleged actions.

Judge Cobos said elected officials, judges and police officers all have families and sometimes they have to deal with issues like any other citizen.

"I'm a damn tough judge and I applied the same standards at home," Cobos said. "When you're an adult, you make your own decisions ... sometimes in spite of what you're taught."

Judge Cobos said he declined to bond his son out of jail.

Joshua Cobos remained in jail Tuesday night on a $17,500 bond for the second-degree felony and for misdemeanor DWI. Robles also remained in jail Tuesday night on a $13,500 bond for two second-degree felonies. If convicted each could receive up to 20 years in prison for the aggravated assault. Robles also could receive an additional 20 years for endangering a child while striking Cobos' truck.

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source: mywesttexas.com (Cannon, 9/7)

Wednesday, August 31, 2011

Hundreds of new Texas laws go into effect Thursday, Including "Loser Pays" Law


Come Thursday, there will be some new laws in town.

No longer will most Texans have to worry about leaving guns in their cars while at work. Drivers won't have to worry about slowing down on some highways at sundown. Teens caught "sexting" face misdemeanor charges - and attending state-sponsored classes about the dangers of sending sexually explicit messages and texts with their parents. And most women seeking abortions will first have to undergo a sonogram and learn the results.

Those new laws - along with the new state budget, which includes billions of dollars in cuts - are among the hundreds of new laws that go into effect Thursday. State lawmakers earlier this year passed more than 1,400 new laws, nearly half of which go into effect Sept. 1, the beginning of the new fiscal year.

"These laws are a lot of small things that might add up to be something big," said Brandon Rottinghaus, assistant political science professor at the University of Houston. "You have a fairly conservative agenda that manifested in the grouping of these laws.

"Collectively, people may feel a trend toward more conservative governing," he said. "Among the bigger things, the general scope of the budget and the major issue - the need to cut billions of dollars and the way in which it was cut - shows a distinctly conservative stamp on the Legislature."

A sampling of some of the new laws that go into effect Thursday:

Budget

Facing a multibillion-dollar shortfall, state legislators earlier this year passed a $172.3 billion budget for the next two years that whittled more than $15 billion from state spending in areas such as public schools, higher education and social services. Critics say cuts went too deep and bookkeeping maneuvers - such as delaying certain state payments - were used to balance the budget. Supporters say lawmakers passed a conservative budget that answered taxpayer demands to reverse government growth. House Bill 1

Sexting

Texas minors who like sexting - or sending sexually explicit pictures or messages, generally from one cell phone to another - better watch out. Until now, prosecutors either dropped the case or had to prosecute minors under adult pornography laws. Starting Thursday, youth who sext and get caught can be charged with a misdemeanor - which can lead to jail time with repeated offenses. Not only that, but underage Texans convicted of sexting will take a state-sponsored educational class about the dangers of sexting - with one of his or her parents. However, the sexting conviction may be removed from the youth's record at the age of 18. "Here's the message to parents -- pay attention to this new technology," said state Sen. Kirk Watson, D-Austin, who carried this bill. "Pay attention to your kids. Know what it is they're doing with regard to text messages, sending images and that sort of thing, and take the time to talk to them." Senate Bill 407

Guns

Under a new law, most employers will no longer be able to prevent employees who legally own guns and ammo from storing them in their locked, private vehicles parked in company parking lots during business hours. There are a few exceptions, such as preventing the guns and ammo in cars parked in school and federal building parking lots. And the law only allows those guns and ammunition to be stored in parking lots, garages and other parking areas provided to employees - not inside actual businesses. SB 321

Speed limits

Texas motorists no longer have to worry about slowing down at sundown, now that the state won't have separate speed limits for day and night driving. The black nighttime speed limit signs that required motorists to drive 5 mph slower at night than during the day will start coming down Thursday, but officials say it will take months to remove all of them. Officials say uniform speeds for vehicles during the day and night can cut down on problems such as tailgating and vehicles changing lanes to pass slower-moving vehicles - actions that play a role in some accidents. New Texas laws also let transportation officials raise limits to 75 mph in some remote areas, none of which are in Tarrant County. HB 1353

Romeo and Juliet

This law is geared to spare teens and young adults who have consensual sex from being labeled sex offenders. It prevents a young defendant from having to register as a sex offender if he or she had consensual sex with someone 15-years-old or older and there is less than a four-year age gap between the couple. SB 198

Respectful language

Over time, the term "mental retardation" will be weeded out of state statute and use, as officials say the term can be hurtful and offensive to those with developmental and intellectual disabilities. "There is a stigma associated with the 'R' word," said state Rep. Vicki Truitt, R-Keller, who carried the bill. "It costs nothing to adopt verbiage in state statutes to reflect the fact that we recognize individuals and their uniqueness, without using offensive terms to categorize and label these good Texans." HB 1481

Homestead exemption

Starting Thursday, Texas homeowners who apply for a homestead exemption on their primary residence must show ID, mainly a driver's license or ID card and a copy of their vehicle registration receipt. The address on the ID and receipt must match the address for which they seek an exemption. Those without vehicles may submit a notarized affidavit certifying they don't have a vehicle - and a current utility bill that lists the person's name and address that is on the homestead exemption application. State officials say they hope to cut down on fraudulent homestead exemption claims, such as those by people who own vacation homes in Texas. "Right now, residents of other states can claim the homestead exemption even if they only come to Texas one weekend out of the year," said state Rep. Harvey Hilderbran, R-Kerrville. HB 252

Radioactive waste

Low-level radioactive waste generated from foreign countries will not be shipped to Texas, but similar waste generated in dozens of states in the U.S. may ship their waste to Texas' Waste Control Specialists site in Andrews County, which is owned by Dallas billionaire Harold Simmons. SB 1504

Innocence Project

A package of bills proposed by the Innocence Project of Texas will go onto the books, overhauling eyewitness practices by law enforcers, ensuring that if DNA evidence exists and is available to prove a person's innocence then it will be tested and creating uniform standards regarding the collection, retention and storage of biological evidence. Cory Session - brother of Tim Cole, a Fort Worth man who died in prison for a crime he didn't commit - now serves as the policy director for the Innocence Project and supported these bills. HB 215, SB122, SB 1616

Driver's ed

Driver's education instructors will have to undergo background checks and the Texas Education Agency may revoke licenses given to people who have been convicted of certain felonies, such as sex offenses. HB 2678

Missing Texans

Statewide AMBER Alerts will now be able to call attention to missing adults with diagnosed intellectual developmental disabilities, in addition to alerting the public about abducted children. HB 1075

Boating

Texas boaters born on or after Sept. 1, 1993 must complete a boater safety education course. This is a new effort by lawmakers to phase in more safety requirements for Texans using personal watercrafts and boats, especially since there are about 600,000 registered boats in this state. Boaters must keep a valid ID and documents showing that they passed a boater education course with them. The new law also says those operating a motorboat with a motor of more than 15 horsepower must be at least 13 or supervised someone older than 18 who can legally operate the motorboat and is on board. HB 1395

Rape kits

Law enforcers will have to more quickly test biological evidence collected from sexual assaults. They now must give evidence to a crime lab within 30 days of collection for testing or test it themselves. "This bill will give victims of sexual assault some peace of mind, knowing that these evidence kits will not just sit on a shelf collecting dust," said state Sen. Wendy Davis, D-Fort Worth, who carried this in the Senate. SB 1636

Daycare

This bill was passed in the memory of Nathan King, who died after day-care workers gave him medication that his parents had not approved. Under this bill, daycare workers need written parental permission to give medicine to a child or face prosecution. HB 1615

Domestic violence

Victims will now be able to not only cover themselves, but also their pets, under protective orders. Victims have said this is important because they often have to leave pets behind when fleeing violence and their abusers may threaten to kill or injure the pet. SB 279

Noodling

Texans will be able to fish with their bare hands - using their fingers as bait in underwater catfish holes to catch and haul out catfish, officially legalizing "noodling." This lets those with state-issued fishing licenses and freshwater fishing stamps fish with their hands. HB 2189

Loser pays

The goal of creating a "loser pays" system is cutting down on frivolous lawsuits in Texas, potentially making the court system more affordable for all Texans to use. The bill calls for some civil plaintiffs who sue and lose to pay not just the court costs, but also the legal fees, of those they are suing. HB 274

"Generally, the new laws reflect a conservative point of view," said Allan Saxe, an associate professor of government at the University of Texas at Arlington. "However, the biggest impact was the budget cuts that still were not nearly as profound as some believed they would be a year ago."

ONLINE: governor.state.tx.us/news/bills/

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source: Ft. Worth Star-Telegram (8/30)

Thursday, August 25, 2011

Rick Perry: Trial Lawyer Enemy No. 1?

Plaintiffs’ lawyers, it appears, are wasting no time readying an attack on Texas Governor Rick Perry.

Texas has enacted considerable tort reform under Perry, including capping damages for pain and suffering and, most recently, requiring certain losing parties in litigation to pay the other sides’ court costs and attorneys’ fees. (Click here for LB background on the loser-pays law.)

If Perry is the Republican nominee for president, Politico reports, deep-pocketed trial lawyers are ready to play a major role in trying to defeat him. (HT: PointofLaw.com)

The Perry campaign has already cited tort reform as a priority, according to Politico. Campaigning in South Carolina on Friday, for example, Perry said that “back in the ’80s and ’90s, Texas was a very litigious state,” but now: “We passed the most sweeping tort reform in 2003 and it still is the model in the nation.”

“If Perry’s the nominee, the trial lawyers will come out of the woodwork to support Obama, where I don’t know that they would now,” John Coale, a former trial lawyer, told Politico.

Plaintiffs’ lawyers have long been a major source of funds for Democrats. The American Association for Justice — the trade group for the trial bar — has given about $34 million to candidates since 1990, and 89% of that amount went to Democrats, Politico reports, citing data from the Center for Responsive Politics.

The Perry campaign, meanwhile, seems like it is spoiling for a fight with plaintiffs’ lawyers. “Of course they’re going to scream and shout when they feel that someone like Gov. Perry is standing in the way of them lining their pockets,” Perry spokesman Mark Miner told Politico.


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source: Wall Street Journal (Koppel, 8/22)


Commentary:  The Cole Legal Group asks where you stand on the issue?  In other words, do you agree or disagree with Perry in the matter of Tort Reform?