For a state with a long track record of combating litigation abuse and ensuring courts do not impose unnecessary delays and costs on litigants, Texas' return to the Judicial Hell Watch List is certainly welcome news. isn't it.
The Watch List, part of the American Tort Reform Foundation's annual Judicial Hell Report, states that justice is not applied in a fair and impartial manner, hurting the economy, costing us jobs, and costing consumers and taxpayers money. Highlights courts and jurisdictions that may cause harm to individuals and employers. Many ways.
The list includes the Dallas-based Texas Court of Appeals for the Fifth District, known as the 5th District Court of Appeals, which is known for its series of liability-expanding decisions and plaintiff-friendly venues. The court's failure to follow Texas Supreme Court precedent. The frequency with which the High Court reverses the Fifth Chamber is also alarming.
While the Texas Supreme Court has certainly kept the Fifth Court in check, its history of repeated errors and questionable decisions has had the practical effect of imposing unnecessary delays and costs on litigants. As with any form of litigation abuse or questionable legal practice, it can be costly for us. We all pay more money for goods and services because of litigation, but if courts do not apply justice fairly, companies may be reluctant to expand or invest in the field. There is a gender.
Texas has long been a leader in litigation reform. But before legislators, voters and business leaders took up arms against frivolous lawsuits and excessive court rulings, there was a time when Texas was known as the litigation capital of the world. Therefore, Texas' return to the Judiciary Hell Watch List is alarming and indicates the need for Texans to remain vigilant in the fight against questionable legal practices.
The American Tort Reform Foundation's Judicial Hell Reports often serve as a catalyst for legislative responses and court reform, and as part of the research process in producing the annual report, we conduct direct research in hellhole jurisdictions. We survey members of the business and legal communities with experience.
The tendency of the Fifth Circuit to expand its liability should concern all of us if Texas is included on the watch list. One example cited in the report is the court's decision in Parks v. Ford Motor Co. According to the report, Ford has moved to dismiss a product liability lawsuit filed outside of Texas' requiem law. The law requires that these types of lawsuits be filed within 15 years of the product's sale, and similar lawsuits support this. However, as the report notes, the Fifth Circuit disagreed, and its decision undermined the law's usefulness.
The report says the Fifth Court's reputation for violating established precedent is second to none in Texas. In June, the Texas Supreme Court reversed a Fifth Circuit judgment awarding $15 million in non-economic damages in a wrongful death lawsuit.
Cases like this are not new to the Fifth Court, including the additional Lyft and State Farm cases cited in the report, emphasizing that the court's decisions are not isolated incidents. There is.
The Fifth Court has 13 judges and their terms are six years. With eight of the court's justices on the ballot this year, Texas' inclusion on the Judicial Hell Watch List is a timely reminder that good judges really matter. Become.
Courts and judges should not encourage or encourage individuals or organizations to bring dubious or frivolous lawsuits.
Roger Borgelt is an Austin attorney and supporter of Texans Against Abuse Lawsuits.
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