The TLR blog, on the record.

A Rock and A Hard Place

The nature of our state’s partisan election system requires judges to raise money to run political campaigns to be elected or re-elected to a seat on the bench. Because judicial campaigns are lower profile than other races on the ballot, few voters know about the judges or are willing to make contributions to their campaigns.

The Lone Star State is Alright, Alright, Alright

Texas’ legal system got the late night talk show treatment last week when native Texan and Academy Award winner Matthew McConaughey cited Texans’ aversion to abusive lawsuits as one of the reasons why he chooses to live in the Lone Star State.

Finding a Better Way

Texas is facing a fundamental question: should Texans continue to elect its judges, or is it time to move to a different method? Last session, the Texas Legislature created the 15-member Texas Commission on Judicial Selection with the express purpose of answering that question. With last week’s appointments to the commission by the governor, lieutenant governor and speaker of the House, the state is poised to take a close look at how we fill seats on our judiciary.

Look No Farther Than Texas

Texas is often considered a national example for lawsuit reforms because—through 25 years of diligent work—we have successfully addressed many of the lawsuit abuses that plague other states. But one person’s example is another’s cautionary tale. At least, that’s what some Louisiana personal injury trial lawyers want you to believe.

What a Nuisance!

Friend of the Court

Amicus curiae is Latin and literally translates to “friend of the court.” These briefs are provided by people who are not party to a lawsuit, but have an interest in its outcome. Amicus briefs are just one way TLR fights to preserve the hard-won lawsuit reforms passed by the Texas Legislature.

Guilty as Charged

The fact that a judge under indictment for accepting bribes can run for higher office and win should be a major red flag for Texans. But unfortunately, many Texans simply don’t have enough knowledge about the candidates for judicial office to make informed decisions. Many voters cast their votes for judges based on party affiliation or name recognition, since they have no knowledge of the relative merits of the candidates.

When a Cottage Industry Backfires

In the past few months, we’ve spoken often about the ubiquitous presence of legal services advertising on the airwaves. In addition to your standard car wreck and mesothelioma ads, ads targeting specific products, medications or medical devices are designed to catch people’s attention and compel them to take action (specifically, to call a lawyer). But recently, there’s been a turn of events in one advertising cottage industry.

A Rare Step in the Right Direction

California has made quite a reputation for itself, and not in a good way. Case in point: the much ballyhooed addition of coffee to California’s recklessly broad Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. The proposition “requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity.”

Making the Case for Legal Contract Transparency

We all know better than to double dip. It is the epitome of bad manners. Highly frowned upon. And if you’re a county official in Texas, it’s also illegal. But that didn’t stop one county attorney.

That’s a Wrap!

The Legislature adjourned sine die, having accomplished a number of important priorities for Texans, including several important reforms to the legal system. Here’s an update on the status of some of TLR’s key bills.

Legislative Update

We’ve shared with you a number of reforms the Texas Legislature is working on this legislative session to improve our legal system. Now with less than a month to go in the 86th Legislature, we’ve entered the point in session where bills begin moving, and moving quickly.

A Black and White Issue

A lawyer is caught bribing a judge with cash and other gifts in order to secure favorable decisions, such as dismissing criminal charges against the lawyer’s clients. The judge is charged with a federal offense and is awaiting trial, and has been kicked off the bench. And the lawyer? You assume he’s been sent to jail, or at least lost his license to practice law. For one South Texas lawyer, that is not the case.

As Seen on TV

Every day, Texans are inundated with a relentless stream of advertising for legal services. As we’ve discussed before in this blog, personal injury trial lawyer advertising is neither new nor unique to a certain part of the country. If you’re watching TV, it seems these ads are inescapable.

In Defense of Jury Duty

Jury duty shouldn’t be thought of as, well, a duty. A chore carried out begrudgingly, like taking out the trash, only because you have to. Jury duty, rather, should be considered a privilege. Just like voting, it is one of the most fundamental ways we participate in our government.

Ensuring Texans Have Access to Courts

We speak often about the mushrooming cost of litigation, both in terms of time and money. The fact is that for many Texans, hiring a lawyer is expensive, and quite often, cases are too risky or too time consuming for the average person to pursue. This has effectively shut a large swath of Texans out of the court system. We at TLR think there is a better way.

When Enough is Enough

Unlike us here at TLR, most people don’t think about tort reform or the legal system on a daily basis (or even a monthly basis, for that matter). That is until lawsuit abuse flares up to impact something in their daily lives. Enter Apple and the Eastern District of Texas...

Time for Transparency

It’s time to make contingency-fee contracting consistent and transparent. The statutes and regulations in place for state contracts have successfully allowed the state of Texas to hire private attorneys when necessary, to keep more of the money from these legal awards and to bring more transparency to the process. What has worked for the state will work for its political subdivisions.

Analyzing Texas’ Anti-SLAPP Law

The 2019 State of the Judiciary

When Technology and Litigation Collide

Technology is inseparable from modern life. It’s logical that the advances that make our daily lives more convenient would also be applied to industries like litigation. The question, though, is whether technology encourages additional litigation or discourages additional innovation?

Who Wins When Private Lawyers Encourage Government Litigation?

There is a time and a place for local governments to partner with private attorneys to pursue claims in court. But some of these local lawsuits can actually interfere with efforts to address public policy challenges.

An Open Letter

The U.S. Supreme Court just heard argument in a lawsuit filed against you alleging failure to provide an adequate warning about one of your prescription drugs. You had asked the Food and Drug Administration (FDA) to allow you to warn consumers that use of your osteoporosis medicine might create an increased risk for upper-leg fractures. The FDA refused to approve the warning you requested, and so you moved forward using the warning label the FDA did approve, which is the only thing you could do.

Gone to Texas