The previous post regarding "tort reform" presented data from an empirical study which showed that the majority of elected judges in Texas, both Republican and Democrat, believe that tort reform is unnecessary. In this post, guest author and Houston Trial Attorney Steve Waldman weighs in on how the current tort reform bills could affect the Constitution and the Bill of Rights.
Constitution Demolition - Also Known as TortReform3
By: Steve Waldman
When did the Bill of Rights lose all its amendments other than the Second and the Tenth? All I hear the defenders of the Constitution actually defend are the right to bear arms and states' rights. What happened to the right of trial by jury? When did it get cast on the refuse pile? Are the freedoms of speech and religion next?
Constitution Demolition - Also Known as TortReform3
By: Steve Waldman
When did the Bill of Rights lose all its amendments other than the Second and the Tenth? All I hear the defenders of the Constitution actually defend are the right to bear arms and states' rights. What happened to the right of trial by jury? When did it get cast on the refuse pile? Are the freedoms of speech and religion next?
Can you imagine the Two Commandments? I am just as much against graven images and coveting as the next guy, but aren't the Ten Commandments a packaged deal? Is the Bill of Rights any different?
What is being proposed in Austin right now is a total elimination of jury trials, particularly in cases where companies cause the most harm.
Lawmakers are proposing a "Voluntary Compensation Plan," which allows companies to set up "Plans" 90 days after causing death or injury to two or more people. BP can blow up half of Texas City and be immune from liability beyond whatever "Plan" it chose to adopt. The statute has no requirements for what the plan covers and punishes you if you attempt to go outside the plan. And, to make sure you are unable to find an attorney to help you, attorney's fees are capped at 5% of what you recover from a Plan. Have you ever fought with a "Plan" over benefits?
Also being proposed is a British-style "loser pays" law that will make a plaintiff who loses a lawsuit and his or her attorney liable to pay the winner's attorney's fees, litigation costs, travel expenses and expert witness fees. This only applies to plaintiffs. Defendants are never required to pay the plaintiff's costs. If this passes, anyone who is injured due to the negligence of someone else will risk financial ruin if he or she files suit.
So what can you do? You can get involved. Write your state legislator and state senator and tell them you care about your constitutional rights, including the right to have your day in court. Stand up for the Constitution!
You can also get involved through Texas Watch, "a non-partisan citizen advocacy organization dedicated to ensuring that corporations and insurance companies are accountable to their customers." Alex Winslow, the director of Texas Watch, is a corporate watchdog. If you are upset that your rights have been taken from you, contact Texas Watch and check out their Take Action and Share Your Story links.
If you have a story to tell, Texas Watch wants to hear it. You can also email Texas Watch by clicking on this link.
Reprinted with permission.
