The Texas House Judiciary and Civil Jurisprudence Committee will hold an interim hearing on evidence in mesothelioma personal injury lawsuits, May 26, 2010. The hearing begins at 10:00 a.m. in the Capitol Extension (E2.010).

Five years ago, asbestos personal injury lawsuits flooded Texas courts and threatened the state’s business climate and economy. The Texas Legislature responded by enacting landmark litigation reform (SB 15 by Janek) that established medical criteria for filing asbestos and silica cases. The law ensured legitimately sick people got priority at the courthouse and eliminated mass filings. Passed unanimously by both the Texas House and Senate, that legislation dealt with the most flagrant abuses in asbestos-related lawsuits and helped restore fairness to the state’s civil justice system. 

Another proposal, pursued during the 2009 legislative session, threatens to tip the balance once again by substituting speculation for science. Two influential lawmakers filed legislation last year (SB 1123 by Duncan and HB 1811 by Eiland) seeking to undo a unanimous 2007 Texas Supreme Court ruling by exempting asbestos-related mesothelioma lawsuits from the requirement to provide scientifically-supported evidence of exposure. Reversing the court’s decision would make it impossible for Texas businesses to escape from lawsuits where there is no evidence that they caused the plaintiff’s impairment. 

Download issue backgrounder HJCJ_memo_8_5x11.pdf

 

April 20, 2010

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