Texans for Lawsuit Reform

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Texans for Lawsuit Reform is a coalition of Democrats, Republicans, and Independents from a wide-range of professional backgrounds, whose collective objective is "to restore litigation to its traditional and appropriate role in our society."[1] Established in 1994 by Richard Weekley, Leo E. Linbeck, Jr., Richard J. Trabulsi, Jr., Allan Shivers, Jr., Hugh Rice Kelly and Michael S. Stevens, it is, to date, Texas's largest largest civil justice reform organization.

PAC

Texans for Lawsuit Reform established a political counterpart, TLR PAC which has been engaged in "persistent" political activity, helping elect and protect like-minded civil servants, since 1994.

In the 2004 election cycle, business interests out-spent plaintiffs and their attorneys $21.5 million to $13.3 million, a Texas-first. Much of the funding, from both sides, came from state-level organizations. According to a BusinessWeek Report, Texans for Lawsuit Reform was, at that point, the most powerful organization shaping Texas's legal landscape. From 1996 to January 2007, TLR's PAC spent more than $13 million promoting liability limits.[2]

The PAC's larger donors include Bob Perry, a Houston-based homebuilder who also helped fund--to the tune of $601,000-- the Swift Boat campaign against John Kerry [other PAC donors to the Swift Boat campaign included financier and oilman T. Boone Pickens ($500,000) and real estate magnates Harlan and Trammell Crow ($220,000)].[3] Perry, the Texas Supreme Court's most "prolific donor" won a recent (spring, 2008) dispute over a defective house, overturning an $800,000 arbitration award.[4] The court ruled in favor of Perry Homes because the plaintiffs had, in the opinion of the court,"substantially invoked the litigation process, prejudicing another party."[5]

Perry Homes v. Cull:

"The Court found that whether a party has so substantially invoked the litigation process as to waive its right to arbitration requires a case-by-case determination. Because the homeowners sought extensive discovery, vigorously opposed arbitration when other parties raised the issue, and moved for arbitration late in the trial process (four days before a trial setting), the Court found that the homeowners had substantially invoked the litigation process. The Court further found that the homeowners’ conduct prejudiced the homebuilder and the warranty companies. Thus, the homeowners waived their right to seek arbitration."[6]

Advocacy

In a January 2007 signed statement by Richard Weekley and Richard Trablusi, Jr., TLR advocated Texas's switch from judicial elections to merit selection. TLR considered this recommendation an "improve[ment]," and that it collectively believed "an appointment and retention system, with thoughtful checks, and balances, would be a serious improvement over the present partisan system of elections."[7]

Publications

In 2002, TLR published a paper entitled "Hiding Their Influence," in which they detailed how pro-trial lawyer PACs, special interests, and individuals influenced the Texas political milieu. The report's stated aim was to "examine the lengths to which a handful of wealthy trial lawyers will go to hide their extraordinary financial contributions, which are far more extensive than a cursory glance at state campaign finance reports would indicate."[8]

The group identified five particularly influential trial lawyers, deemed the "Tobacco Five" who have been "re-investing in Texas politics the $3 billion contingency fee they received from" Texas's 1996 lawsuit against big tobacco.

Through their research, they discovered that the wealthiest and most influential trial lawyers were contributing to a web of PACs--both national and state-based--in order to tangle perceptions of where funding for multiple, alleged non-partisan groups was coming from.

Controversy: Texans for Individual Rights

"Mark McCaig, President of Texans for Individual Rights, stated 'While Texans for Lawsuit Reform claims to be a grassroots organization with over 15,000 members, their campaign finance reports show them to be nothing more than a front group for a small group of wealthy businessmen.'"[9]

Questionable Representation?

In a July 2007 report, the group Texans for Individual Rights charged Texans for Lawsuit Reform with misleading the public about who they are, and what their true aims are. The report stated:

While they claim to support a balanced civil justice system that allows injured parties to be adequately compensated for their damages, in reality they have done nothing to prevent truly frivolous lawsuits while at the same time making it increasingly difficult for an injured person to exercise their constitutional right to access the civil justice system.[10]

Campaign Finance Reports

2006

In 2006, TLR PAC made $2,444,193.30 in political contributions.[11]

2007

In 2007, TLR PAC made $2,097,998 in political contributions. [12]

2008: To Date

Contribution filings from January 1, 2008 - February 23, total $265,750.[13]

Press releases

See also

External links

References