Leading the Lawsuit Reform Fight Since 1986!
The Texas Civil Justice League (TCJL) unveiled an ambitious legislative program during a strategy conference in Austin, January 31, 2006. Dr. George S. Christian, general counsel, and the TCJL lobby team briefed members about business liability and civil justice issues likely to be considered during the 80th Regular Session of the Texas Legislature this spring.
A recent Court of Appeals decision upholding the statutory employer doctrine has brought Texas law more into line with the laws of other states. The League supports this decision and opposes legislative attempts to overturn it. The League also supports the extension of statutory employer protection to premises owners. At the same time, the League supports maintaining the ability of owners and contractors to manage risks in construction contracts through the use of indemnity agreements, additional insurance, and owner-controlled insurance programs.
League members are becoming increasingly concerned about the role of excessively large campaign contributions in political campaigns and the inadequacy of current campaign finance reporting and disclosure laws to inform the public about campaign contributions and expenditures. There is also growing concern over a range of issues involving lobbying expenditures, reporting, and registration. The League is interested in reasonable campaign finance and lobby reforms addressing these concerns.
It has never been more imperative to take partisan politics out of the judiciary. The League supports a constitutional amendment to reform the method of selecting judges in Texas to implement an appointment/retention system.
Federal law requires manufacturers of motor fuels to use certain fuel additives that reduce air emissions. Yet fuel makers may still be subject to lawsuits for a “defective” product, even though the fuel conforms to all applicable federal rules and specifications. The Legislature will likely consider a number of incentives for the development of alternative, clean-burning fuels. As the primary refiner and manufacturer of such fuels, Texas should take the lead nationally on legislation to encourage manufacturers and sellers of low-emission fuels and fuel additives to bring those products to market. The League supports legislation to protect manufacturers and sellers of fuels and fuel additives from liability simply for manufacturing the product in compliance with government regulations.
The 1995 civil justice reforms included substantial changes in the Texas deceptive trade practices act that eliminated multiple abuses. More than a decade of experience with these changes demonstrates the need for additional reforms to assure that consumers and businesses pay only for damages actually caused by a deceptive act or practice and that such damages are established by specific evidence.
House Bill 4 (2003) provided very limited protection for product manufacturers that comply with mandatory government standards. In light of increasing regulatory standards, the League supports revisiting and strengthening this provision.
The multi-district litigation process has proven to be a success in dealing with mass tort litigation, particularly in asbestos and silica litigation. The League supports legislation and funding to maintain and extend the use of multi-district litigation courts. The League will also oppose any legislation designed to weaken the MDL process or remove cases from the MDL.
Texas law currently protects an insurance company from claims fraud. However, if a business is self-insured, the law does not clearly provide similar sanctions for fraudulent claims. The League supports a statutory change providing self-insured entities same protection as insurance companies in prosecuting fraud.
Plaintiffs are becoming more successful imposing liability based not on actual causation, but on the “market share” a particular product manufacturer may be able to command. This erodes the civil justice system’s foundation, which demands proof of a duty, a breach of duty, and causation. The League is reviewing potential legislative options to address this problem.
During the 2005 Regular Session, legislation was narrowly defeated that imposed criminal and civil liability on corporate officers and directors for conduct already regulated by federal law. The League will oppose any renewed effort to pass this legislation in 2007.
The League opposes weakening landmark civil justice reforms enacted in recent legislative sessions.
Copyright 2007 Texas Civil Justice League
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