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The Court’s Defenders: Polluters, Big Insurance, Corporate Wrongdoers

Texas Watch — Mon, 30 Jan 2012 17:36:03 +0000

On the heels of a 10-year review by Court Watch that found the Texas Supreme Court routinely sides with big government and big corporate interests over everyday Texans, the very special interests that benefit from the Court’s pro-defendant penchant rose to the court’s defense. None of the attacks, however, were able to discredit Court Watch’s findings or the report’s conclusions. Instead, critics are resorting to condescension and ad hominem attacks.

The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” was released last week by Court Watch, a project of the Texas Watch Foundation. Among the report’s findings was that consumers lost an average of 79% of cases at the high court and that the court overturned 74% of local juries who found in favor of consumers.

“The Supreme Court is hiding behind the very special interests that it routinely protects,” said Alex Winslow, director of Court Watch. “The lobbyists for polluters, insurance companies, and other corporate wrongdoers can’t dispute our findings. So, they have resorted to condescension and ad hominem attacks. Texans will see right through it.”

Among those attempting to attack Court Watch is the special interest group known as “Texans for Lawsuit Reform,” a Houston-based group run by a handful of corporate chieftains. TLR’s board includes individuals who represent industries that routinely put workers, consumers, and small business owners at risk of needless injury or financial devastation. TLR has spent millions in political races over the last 20 years to dismantle the civil justice system in Texas. This effort was bankrolled by industries including big oil, big insurance, and big banks, along with chemical, homebuilding, and pharmaceutical interests and their lobbyists and trade groups.

One well respected political columnist wrote that the Texas Supreme Court is “a wholly owned subsidiary of Texans for Lawsuit Reform.”

“When TLR and its ilk lob ad hominem attacks in defense of the Texas Supreme Court, consider the source,” said Winslow. “TLR represents the very interests that have reaped the greatest reward from the Texas Supreme Court’s anti-consumer bias. The Court’s pro-defendant penchant has put money in the pockets of mega-corporations who have, in turn, filled TLR’s coffers.”

Additionally, Scott Brister, a former Supreme Court justice turned lawyer for mega-polluter and work safety violator BP, spoke like someone who still has influence over the Court when he said that “We don’t look at a case and say, ‘Where can we help a company?’” (emphasis added)

Finally, the Court’s taxpayer-funded spokesman, Osler McCarthy, arrogantly dismisses criticism of the Court by attacking the report’s methodology of reviewing only those cases in which an opinion has been rendered, suggesting that including a cases denied review by the Court would balance the results. Mr. McCarthy ignores the fact that research from law professor David Anderson has already concluded that: “The cases in which the supreme court denied review were not predominantly plaintiff victories, and plaintiff success in the petitions-denied cases does not offset the defendant success rate in the decided cases.”

“Texas families deserve a fair shake at the Texas Supreme Court. Our research shows they just aren’t getting it,” said Winslow. “Texans deserve a Supreme Court willing to stand up to the special interests – not one that hides behind them.”

Texas Court Watch is a project of the Texas Watch Foundation, a non-partisan 501(c)(3) organization. Content that appears on this page has been produced by the Texas Watch Foundation for research and public education purposes.

Audio: Braddock & Winslow Talk SCOTX

Texas Watch — Thu, 26 Jan 2012 19:31:03 +0000

Our new report about the Texas Supreme Court’s pro-defendant record is already getting attention from the media. Check out the story from the Texas Tribune and take a listen to Texas Watch’s executive director Alex Winslow discuss the report’s findings with Scott Braddock on News 92fm this morning.

Report: Decade-Long Review Shows Texas Supreme Court Is Activist, Ideological

Texas Watch — Thu, 26 Jan 2012 12:29:51 +0000

The Texas Supreme Court has a long history of favoring corporate defendants over families and small businesses, according to a decade-long review of the Court’s decision making by Court Watch, a project of the non-profit Texas Watch Foundation.

Court Watch reviewed the 624 cases involving consumers decided by the Court between 2000 and 2010. The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” finds that the state’s high court for civil matters “has marched in lock-step to consistently and overwhelmingly reward corporate defendants and the government at the expense of Texas families.”

“The Texas Supreme Court is an activist, results-oriented body that over the last 10 years has developed into a safe haven for corporate defendants at the expense of individuals, families, and small business owners,” said Alex Winslow, director of Court Watch. “The statistics speak for themselves. The court’s pro-defendant ideology can not be disputed.”

Among the report’s findings are:

Corporate and government defendants prevail in an average of 74% of cases annually.

Consumers have lost 79% of cases in which they were pitted against a corporate or government defendant.

These findings lead Court Watch to conclude: “The Texas Supreme Court has become a reliable friend to those who seek to escape the consequences of their actions; its justices are the ultimate guardians for the moneyed and powerful who wish to shirk responsibility.”

The report focuses on the decade beginning in 2000 because it reflects a paradigm shift. In 2000, Rick Perry became governor. His appointees to the Court have taken it in a decidedly activist and ideological turn.

Justices appointed to the Court by Governor Rick Perry have sided with consumers an average of just 29% of the time.

Despite a constitutional provision limiting its jurisdiction to questions of law – not fact – the Court has routinely overturned decisions made by local juries. Even Chief Justice Wallace Jefferson admonished the Court in a 2004 dissenting opinion, writing: “This Court is constitutionally bound to conduct only a legal – not factual – sufficiency review.”

Texas Supreme Court has overturned local jury decisions in consumer cases an average of 74% of the time since 2004.

Court Watch writes that “The jury is our smallest, most direct, and least corrupted form of government. … However, the Texas Supreme Court has displayed a fundamental disregard for juries.”

Court Watch has been monitoring and reporting on the Texas Supreme Court and the impact its decisions have on Texas families since 1996. During that time, Court Watch has issued an annual list of the most anti-consumer cases of a given year. In keeping with that tradition, this report includes a “Dirty Dozen of the Decade,” a representative sampling of the most dangerous, far-reaching decisions made by the Texas Supreme Court during the last decade.

Thumbs on the Scale CtWatch Jan2012 Final

So, Just What Is a Junk Policy?

Texas Watch — Wed, 25 Jan 2012 19:24:01 +0000

So, just what is a junk insurance policy? Sen. Leticia Van de Putte said she’s been hearing from constituents who are fed up with junk policies with what she called “luscious exclusions” and “skyrocketing” deductibles. She asked Insurance Commissioner Eleanor Kitzman about this at a recent committee hearing. Kitzman was unaware of the problem.

Well, we are aware of the problem. So, we sent Sen. Van de Putte a letter outlining the problem (and we sent a copy to Commissioner Kitzman too).

Read the letter here:
Lttr to VDP_junk Policies_1201

And, in case you missed the dialogue between Sen. Van de Putte and Commissioner Kitzman, you can watch it too:

Click here to view the embedded video.

VIDEO: Commissioner Kitzman on Junk Policies

Texas Watch — Wed, 11 Jan 2012 17:15:21 +0000

At Texas Watch, we hear from families virtually every day who have endured a never-ending line of home insurance rate increases. In fact, The Dallas Morning News reported yesterday that Texans are paying the highest home insurance premiums in the nation. Sadly, this isn’t new. Texans have paid among the nation’s highest rates for as long as anyone can remember. Homeowners are also angered by the growing number of junk insurance policies that are flooding the market.

Our job is to give voice to those frustrations. So, Texas Watch Executive Director Alex Winslow told the Morning News that there is more to the story than just high rates:

“With higher deductibles, expanded exclusions and a growing number of junk policies, Texas policyholders are being forced to pay more for less,” he said. “It’s like being forced to pay Cadillac prices and getting stuck with a clunker.”

Winslow said the situation would not improve until the Legislature beefs up laws regulating insurers and the commissioner of insurance “gets tough” with companies.

On the heels of the media report, a key legislative committee met to discuss this issue. Senator Leticia Van de Putte asked insurance commissioner Eleanor Kitzman for her opinion on the industry’s use of junk policies. Commissioner Kitzman said she was unaware of the problem. Senator Van de Putte implored the commissioner to be in better touch with the needs of consumers. Watch the video here:

We are proud to give consumers a voice. When lawmakers hear from ordinary Texans, they have no choice but to act. Help us keep the pressure on. Contact your lawmakers today and tell them to put an end to junk insurance policies.

State Farm Continues to Avoid Accountability

Texas Watch — Wed, 14 Dec 2011 18:47:05 +0000

In a case that’s been dragging on since 2003, State Farm has sought to avoid accountability to their policyholders and refuses to pay back overcharges. The latest chapter in this saga occurred today when the parties argued before the Third Court of Appeals. Here is a statement from Texas Watch executive director Alex Winslow:

State Farm wants to complicate the issues in this case, but this case is simple. State Farm overcharged its customers and the company should pay back every penny they took plus interest and penalties. Period, end of story.

In an effort to hold on to hundreds of millions of dollars in excessive premiums, State Farm has decided to drag this out for eight long years. The court should not let them get away with it.

State Farm has played enough legal games in this case. Enough is enough. State Farm needs to own up to its responsibility to its customers by paying back everything it owes.

Hot Coffee DVD Giveaway Winners

Texas Watch — Fri, 09 Dec 2011 19:43:47 +0000

We asked you to tell us why you believe in access to the civil justice system, and you delivered! After pouring through the numerous submissions, we’ve picked the winners. Take a look at what you said…

I believe in access to the civil justice system because…

“The 7th Amendment to the United States Constitution expressly mandates our right to a jury trial in any controversy over more than $20, and it is a basic Constitutional Right.”
- Steve Ryan, Katy

“Democracy needs a place where people have a voice over dollars.”
- Mick McBee, Richardson

“The right to have a jury determine what’s right and wrong was incorporated by the Bill of Rights, the most important rights to all citizens. The outcome of litigation is usually uncertain. That is why we have lawyers and juries determine tough legal questions.”
- Cody Dishon, Houston

Thanks to everyone who participated! Don’t forget, you can order your own copy of Hot Coffee online or add it to your Netflix queue.

Report Finds Texas Lags in Access to Health Care; Proves Special Interests Wrong on Impact of Tort “Reform”

Texas Watch — Mon, 05 Dec 2011 16:43:26 +0000

A report just released by the Association of American Medical Colleges (AAMC) shows that Texas ranks near the bottom in major categories related to access to medical care. Texas-based medical and insurance interest groups assert that restricting the rights of patients has improved the supply of doctors serving our state. The AAMC data shows the opposite.

The AAMC report includes the following findings:

Texas ranks 46th in the number of Active Patient Care Physicians per 100,000 of population. Texas has just 176 Active Patient Care Physicians per 100,000 population. The median for all states is 215.
Texas ranks 48th in the number of Active patient Primary Care Physicians per 1000,000 of population. Texas has just 62 Active Patient Primary Care Physicians per 1000,000 population. The median for all states is 80.

According to the AAMC, “Active Patient Care” physicians are those who report that their practice is direct patient care as opposed to research, administration, or teaching.

During the 2003 campaign to pass the state constitutional amendment known as Prop 12, proponents – including groups backed by the medical and insurance industries – argued that severely restricting the legal rights of patients would increase the supply of physicians and improve access to health care. This new data shows the opposite.

“Despite rhetoric to the contrary, the data proves that Texas continues to fall far behind in access to health care,” said Alex Winslow, executive director of the citizan advocacy organization Texas Watch. “Texas patients need meaningful reforms that improve the cost, quality, and access to health care – not empty rhetoric and hollow promises.”

When Are They Going to Learn?

Texas Watch — Tue, 29 Nov 2011 19:49:11 +0000

Just because special interest lobbyists keep repeating the same thing over and over (and over) again, doesn’t make it true. In a recent op-ed piece, Thomas Wilder from the astro-turf lobby outfit known as the “Citizens Against Lawsuit Abuse” once again makes the argument that patients should be gleeful that the insurance and medical industries stripped patients of our legal right to hold an unscrupulous physician, dangerous hospital, or careless nursing home legally accountable.

Wilder drags out the same tired arguments that proponents have been clinging to for years. The problem is that each of their arguments have been debunked by independent, non-partisan, media sources.

For instance, Wilder claims that increases in physician supply in Texas are the result of limiting the rights of patients. The highly-respected, independent fact-checking organization PolitiFact rated a similar assertion by Governor Perry “false.” Additionally, a comprehensive review of the impact of the 2003 law by the Associated Press concludes that the growth in physicians tracks population increases. The AP also found that most new doctors have opted to practice in urban areas that weren’t facing a doctor shortage rather than under-served communities that most need those new physicians.

Wilder goes on to suggest that restricting the rights of patients will accrue significant savings to the health care system and taxpayers. This is simply untrue. Health care costs at both the family level and the overall system level are up dramatically since 2003. Health insurance premiums for Texas families have risen 13% faster than the national average. Similarly, costs incurred by Texas’s taxpayer backed Medicare program have also outpaced the rest of the nation.

Finally, the spate of recent headlines from cities all across Texas about dangerous doctors who continue to see patients despite track records of abuse, needless injury, and even death cannot be ignored. See clips here, here, here, here, here, here, here, and here. The fact is that so-called tort “reform” has done nothing to improve patient safety.

While special interest groups like the one that Dr. Wilder speaks for and the insurance industry crow, Texas patients continue to struggle under a broken health care system. No matter how many times they claim otherwise.

Giving Thanks

Texas Watch — Wed, 23 Nov 2011 04:01:30 +0000

As we enter the holiday season, here at Texas Watch we can’t help but reflect on how grateful we are for the support of our grassroots supporters and activists. Our work would mean nothing without the constant support and action you take when we send out the call.

We are especially thankful for the many things you’ve accomplished and how you’ve helped us to grow over the past year:

You sent over 10,000 emails to your legislators during the 2011 Legislative Session, reminding them the importance of standing up for everyday Texans.
Your emails halted the defunding of the Office of Public Insurance Council (OPIC), preserving this important insurance regulatory agency.
You helped us surpass 5,000 “Likes” on Facebook and 1,000 followers on Twitter.

And we’ll do our best to give back to you with fun prizes and by keeping you informed going forward:

Don’t forget to enter our Hot Coffee DVD Giveaway contest by telling us why you think access to the civil justice system is important. And remember, YouTube video submission are eligible for even more Texas Watch prizes!
Take a look at our 2011 Legislative Scorecard for a vote-by-vote analysis of how your legislators voted on consumer issues this past session.

So, thanks again for everything you do, and from all of us here at Texas Watch, Happy Thanksgiving!