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JUNE 2005 ADVOCATE TEXANS FOR LAWSUIT REFORM: MAKING TEXAS A BEACON FOR CIVIL JUSTICE IN AMERICA JUNE, 2005 Texas Asbestos and Silica IN THIS ISSUE Litigation Reform Becomes Law! Senate Bill 15 ............................. 1 Passage of HB 755 ...................... 4 TLR Day 2005 .......................... 5 After years of work, thousands of grassroots messages to Austin, and Kishpaugh Honored ................... 8 Legislative Monitoring ............... 9 hundreds of meetings with legislators before and during the 2005 New Supreme Court Justice ..... 10 session, asbestos litigation reform legislation was enacted by the Texas A Profile in Citizenship ............ 11 Permissive Appeal ..................... 12 Legislature and signed into law by Governor Rick Perry in separate Houston and Beaumont ceremonies on May 19, 2005. OUR MISSION Texans for Lawsuit Reform is “I am proud to sign Senate Bill 15 into law because lawsuits on behalf of the unimpaired was under- a volunteer-led organization it ensures that every person made sick by asbestos mining respect for the law, denying the truly ill working to restore fairness exposure has his or her day in court while reducing timely and full compensation for their illnesses, and balance to our civil the junk lawsuits that have forced dozens of inno- and wreaking havoc with large segments of our justice system through politi- cent employers into bankruptcy,” Perry said. economy. This new law benefits all of the victims cal action; legal, academic, “Every TLR sup- of asbestos and silica and market research; and porter can be proud litigation abuse: the grassroots initiatives. The that Texas has again persons who are ill common goal of our more crafted and enacted because of exposure than 12,000 supporters is to model legislation that to asbestos or silica, make Texas the Beacon State should serve as an ex- as well as the em- for Civil Justice in America. ample to other states ployees and owners and the United States of the businesses that Congress,” said TLR have been financially 1110 North Post Oak Road Chairman and CEO harmed or are threat- Suite 315 Dick Weekley. “Texas ened by bankruptcy Houston, Texas 77055 demonstrated that one because of lawsuits www.tortreform.com of the worst abuses of Photograph by Rohn Wenner filed on behalf of hun- [email protected] the civil justice system dreds of thousands of can be solved with compassion, fairness, and com- persons who have no discernible impairment,” ob- mon sense. All of Texas owes a debt of gratitude to served TLR’s General Counsel, Hugh Rice Kelly. Governor Perry, Lt. Governor Dewhurst, Speaker TLR’s lead outside counsel, Alan Waldrop, Craddick, the SB 15 sponsors — Senator Kyle who headed up the legal drafting and advocacy for Janek and Rep. Joe Nixon — and Senator Robert both the 2003 Omnibus Tort Reform Bill (HB 4) Duncan, who played a key role as Chairman of the in 2003 and SB 15 in 2005, summarizes the asbes- Senate State Affairs Committee.” tos/silica litigation reform as follows: “Asbestos litigation reform was the top legisla- “SB 15 distinguishes between the claims of tive priority for TLR because the practice of filing people who are physically impaired or sick due to Continued on page 2 SENATE BILL 15 Continued from front cover exposure to asbestos or silica and those who are end of the 2003 session, when TLR met with sever- not experiencing any physical impairment relat- al key legislators who supported asbestos litigation ing to asbestos or silica. The new law allows those reform but had concerns about aspects of the bill claimants who are actually impaired to pursue their that had been introduced in the 2003 session. TLR claims in the judicial system and defers the claims then opened discussions with Senator Janek, the of those who are not impaired. The law does this Senate sponsor, Rep. Nixon, the House sponsor, as by establishing medical criteria that a claimant well as Lt. Governor Dewhurst and other mem- must meet to demonstrate impairment before pro- bers of legislative leadership. Those discussions ex- ceeding with a lawsuit.” panded to include the Texas Asbestos Consumers Waldrop added that “SB 15 also protects Coalition (“TACC”), which is a coalition of many those who have been exposed to asbestos or silica companies and organizations that have long been but who do not show signs of illness by extending concerned about abuses in asbestos and silica litiga- the point at which the statute of limitations begins tion. TACC managed the asbestos reform effort in to run to ensure that if an unimpaired claimant the 2003 session, while TLR handled the legisla- ever becomes sick, he or she will be able to pur- tive advocacy that led to the sweeping reforms of sue a claim. The law addresses other specific abuses HB 4 in 2003. in asbestos and silica litigation by preventing the During the interim between sessions, Alan ‘bundling’ of claims of different people for trial, Waldrop and Hugh Rice Kelly worked closely with which means that plaintiff lawyers can no longer legislators, legislative staff members, the TACC bill “I am proud to sign Senate Bill 15 into law because it ensures that every person made sick by asbestos exposure has his or her day in court while reducing the junk lawsuits that have forced dozens of innocent employers into bankruptcy.” — Governor Rick Perry put hundreds or thousands of claimants in one drafting committee, and lawyers who are active in lawsuit. Further, the law applies the current rules asbestos and silica litigation. This resulted in a uni- relating to multi-district litigation (MDL) to most fied legislative proposal that TLR and TACC pre- asbestos/silica cases currently pending and all such sented to the bill sponsors and legislative leadership. cases filed in the future, which will add efficiency This proposal formed the core of the law that was and predictability to the litigation. Finally, SB 15 eventually signed by Governor Perry, known as SB puts limits on the use of testing materials generated 15. But between the formulation of the legislative by plaintiff lawyer-sponsored mass screenings in proposal and the signing of SB 15 into law, there order to prevent the kind of blatant misreadings of were many twists and turns on the road to success. x-rays that have resulted in hundreds of thousands “The credit for SB 15 goes to the legislators of lawsuits by people who have no impairment.” who considered, debated, and passed this law into TLR Senior Chairman, Leo Linbeck, Jr., ob- being,” suggested Linbeck. “All of us in TLR ap- served that work on SB 15 began shortly after the preciate the hard work of the legislators and the P A G E 2 careful approach they gave to this important and filed against his company. Chip spent an entire complex matter. The result of their efforts is a law day at the Capitol, waiting until late at night to that does, in fact, correct the abuses of asbestos/ testify before the Senate State Affairs Committee silica litigation while assuring that any person who to tell his story of lawsuit abuse. After his effective ever becomes ill as a result of asbestos or silica ex- testimony, Chip drove home to Corpus Christi to posure will be able to seek redress in our courts.” tend to his business affairs the following morning. TLR President Dick Trabulsi commended the Weekley also thanked the TLR team of law- state’s executive and legislative leaders who were re- yers, lobbyists, consultants, and staff members who “Every TLR supporter can be proud that Texas has again crafted and enacted model legislation that should serve as an example to other states and the United States Congress.” — TLR Chairman and CEO Dick Weekley. sponsible for the enactment of this reform: “Gover- worked tirelessly and effectively to help achieve en- nor Perry placed and kept asbestos litigation reform actment of SB 15. Dick Trabulsi, who coordinated on the public agenda for years. Lt. Governor De- TLR’s legislative efforts in both 2003 and 2005, whurst once again immersed himself in the details also praised his colleagues: “Our TLR team was of complex legislation, mastered the intricacies of awesome – after months of research and discus- the bill, and provided leadership at key junctures. sions, we drafted a detailed proposal for asbestos/ Senate State Affairs Chairman Duncan, an experi- silica litigation reform; we worked with world-class enced litigator, brought a keen legal mind to bear physicians to make sure that the medical criteria on the major provisions of the bill. Senate sponsor in the bill were fair and comprehensive; we crafted Kyle Janek, a practicing physician who has worked a careful legislative advocacy plan that included diligently for two sessions on this matter, focused media, grassroots and direct lobbying; we worked on making sure that anyone who is impaired be- night and day to execute the plan; we adapted to cause of asbestos or silica gets an opportunity to contingencies as they arose; and we worked seam- be made whole for the harm done. Speaker Crad- lessly with a broad coalition that included small dick and House sponsor Joe Nixon were insistent business men and women who were facing bank- that the legislation be fully effective in stopping the ruptcy because of non-meritorious lawsuits, vari- abuses of mass screening and bundling of claims ous associations and organizations such as the Tex- that had so corrupted this area of the law.” as Asbestos Consumers Coalition, the Texas Oil & Dick Weekley observed that once again the Gas Association, the Texas Chemical Council, the TLR volunteers from across Texas participated in American Insurance Association, and many em- force, just as they have in previous sessions.

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