Tag Archives: tort reform

Another reason to move to Texas!

The title says it all: Texas requires losing parties of frivolous lawsuits to pay their own costs.  This has been needed for a long time.  It will eliminate waste, reduce stress for innocent people and give even more incentive for people to create businesses and jobs in Texas.  This is the kind of approach that led Texas to add more jobs over 5 years than the other 49 states combined.

From the Wall Street Journal:

This week, Texas Gov. Rick Perry signed a law that will help free Lone Star State businesses from the threat of frivolous lawsuits by enacting “loser-pays” tort reform. Prior to the legislation, litigants faced a no-lose situation, while defendants stood to lose everything—even for the most outrageous, bizarre and wrongful accusations.

Even when defendants won, the legal fees associated with protecting themselves could add up to tens of thousands of dollars. As a result, many pre-emptively settled out of court, as the settlement payment would be less than the legal fees. Under Texas’s new legislation, however, litigants will be forced to pay for the defendant’s attorney fees if the case is determined groundless. This will compel would-be litigants to consider the practicality of their complaint before taking legal action, and it will protect defendants from the dire financial impact of frivolous cases.

The Texas legislation should serve as a national model, especially as we recover from the Great Recession. America has the most expensive civil-justice system in the world, costing $255 billion in 2008, or nearly 2% of gross domestic product, according to a 2009 study by the firm Towers Perrin (now Towers Watson). That’s more than twice as much as any other industrialized nation as a percent of the GDP.

From the commentary by the Wintery Knight:

One of the reasons why we are in an economic mess is because we have not reined in the excesses of the trial lawyers. And the Democrats will never be able to rein them in because they are the core of the Democrat party, along with labor unions, teacher unions, word-smithing academics, criminals, welfare recipients and Hollywood celebrities. The sheltered, non-productive segments of society, who have never had to run a business or make payroll.

He forgot to mention the abortion and LGBTQ lobbies, but otherwise it was very accurate.

Roundup

Thought for the day: Shakespeare’s plays are like the musical Cats — deep down everyone thinks they are awful, but some famous critic published a sarcastic review saying how great they were and people took it seriously. Then everyone went along because they didn’t want to look stupid. Let’s just do a quick round of polygraphs and we can end this charade.

Did you get your letter from the Census Bureau telling you that they’ll be sending you a letter next week? Was that a good use of millions of dollars? They insist that it cuts down on personal visits and therefore pays back.   I’m going to do a blog post telling you that I’ll be doing a blog post next week.

Outstanding health care roundup by Haemet. Loved this quote from the WSJ:

The president has one set of Congressional Budget Office cost projections, based on terribly misleading assumptions developed by Congress and the White House, that show it’s possible to provide health-care coverage to 30 million more people, while reducing overall costs and the federal deficit. If that projection makes any sense at all, then it’s too bad we don’t have 60 million uninsured so that we could save twice as much money.

Yes, we do need tort reform — Dad disables daughter via his negligence and disobedience, but the jury isn’t told all the facts so they award him $24.3 million.

Answering the “Sarah Palin is a quitter” charge — Good dialogue suggestions to respond to a common MSM / Liberal meme. If they think Sarah is so bad and so easy to beat, why are they so obsessed with taking her down? Why not wait until after she wins the nomination? Hint: Because she’ll run rings around Obama now that she isn’t hamstrung by the McCain campaign team. Hat tip: Hillbuzz

Blank checks to unelected officials = bad idea

There are many causes for concern buried in the health care bill, but one of the greatest is the vague and broad powers given to unelected officials, such as the ability to prevent tort reform.  As evidenced in Texas, tort reform is one of the best ways to improve the health care situation.  But not only does the Democrats’ plan not include it, it explicity discourages it.  Are Liberals not concerned that tort lawyers have such power over health care in America? 

A few items from ObamaCare: To Be Determined…

  • Rationing: “The Secretary shall make such adjustments as are necessary to eliminate such deficit, including reducing benefits, increasing premiums, or establishing waiting lists.”
  • Micromanaging hospitals: e.g., “The Secretary shall not permit an increase in the number of operating rooms, procedure rooms, or beds of a hospital under clause (i)…”