CHARLESTON – A statewide legal reform group recently held two roundtable discussions on legal reform in Kanawha and Cabell counties.
At the two events sponsored by West Virginia Citizens Against Lawsuit Abuse, elected officials, job creators and healthcare providers met to discuss the progress made regarding legal reform over the last decade and the steps needed to take further improve our state’s legal climate.
“I am proud to have helped lead the fight for legal reform in West Virginia,” state Senator Dr. Tom Takubo (R-Kanawha) said at the August 20 event in Charleston. “While we have made significant strides, including getting our state removed from the Judicial Hellhole list, there is still a lot of work to do. I am looking forward to leading that charge in the upcoming legislative session.”
The second event was held August 21 in Barboursville.
“All job creators in West Virginia understand the negative impact that lawsuit abuse has on our businesses-costs are significantly higher, insurance rates are dramatically increasing, and we’re all struggling to provide decent healthcare benefits to our employees that we and they can afford,” said local business leader and WV CALA board member Vicki Dunn-Marshall. “Legal reforms need to be a high priority and I hope the West Virginia Legislature listens carefully to those of us leaders committed to building a better state.
“How many more small businesses will have to close up? We’re asking for your help.”
WV CALA Executive Director Greg Thomas says West Virginia had one of the most unfair legal systems in the nation for decades. Fewer West Virginians were working than in any other state in the nation, and the Mountain State was on the Judicial Hellhole list for 11 consecutive years and was 50th in the litigation fairness survey.
He says a physician walkout in the early 2000s brought widespread attention to the problem, adding that medical malpractice insurance was nearly impossible to obtain because the state’s legal system “was being abused by the personal injury lawsuit industry, facilitated by a liberal judiciary that sought to enrich their campaign supporters.”
After that medical liability reform that followed, Thomas says little progress was made on tort reform until Republicans gained control of the Legislature in 2014.
Thomas said the next few years saw an “avalanche of legal reforms,” including passage of bills focused on comparative fault, asbestos litigation reform, punitive damage caps, deliberate intent, trespasser liability, learned intermediary, wage payment collection reform, another MPLA expansion, class action reform, TIPAC and judgment interest among others.
After those first four years of GOP control, the Legislature has rolled out other reforms, such as the creation of the intermediate appellate court, seatbelt admissibility, litigation financing reform and last year’s cap on trucking lawsuits.
Along with other regulatory and tax changes, Thomas says these reforms have contributed to improving the state’s economy.
“We are seeing recording breaking investment and huge budget surpluses,” Thomas said. “And none of the doom and gloom prognostications from the personal injury lawyers have come true.”
But, he says there is a lot more work to be done.
“West Virginia still has one of the most out of step medical monitoring situations in the country,” Thomas said. “The state insurance solution, BRIM, is being greatly taken advantage of by personal injury lawyers. And after a recent billion opioid settlement, personal injury lawyers were paid over $150 million dollars.
“On top of the fact that West Virginia still has one of the lowest workforce participation rates in the nation.”
Thomas said WV CALA plans to continue to improve legal fairness in West Virginia.
“We greatly appreciate all who participated in the discussions this week,” Thomas said of the roundtable discussions. “Their input will help us put our legal reform agenda together for the upcoming legislative session.”
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WV CALA also recently announced its post-primary Dirty Dozen list of legislative candidates in West Virginia who have accepted the most money from personal injury lawyers.
“The more things change, the more they stay the same, with wealthy personal injury lawyers injecting large sums of cash into candidates’ campaigns regardless of political affiliation and geographic location,” Thomas said. “It’s particularly sad to see some of our formerly pro-legal reform candidates turn to the dark side.
“Our state’s citizens deserve to know who is receiving large campaign donations and from whom. They also deserve to know what these candidates promised the trial bar lobby in order to receive these earmarked donations.”
The post-primary Dirty Dozen list includes:
* Joey Garcia (State Senate, District 13), $23,700
* John Williams (House of Delegates, District 80), $15,050
* Patricia Rucker (Senate, District 16), $13,700
* Kathie Hess Crouse (House, District 19), $11,500
* Bill Flanigan (House, District 4), $10,500
* Chris Rose (Senate, District 2), $9,000
* Ric Griffith (Senate, District 5), $8,400
* Kayla Young (House, District 56), $8,100
* Mark Dean (House, District 34), $7,500
* Erica Moore (House, District 15), $6,500
* Jeff Stephens (House, District 6), $6,500
* Shawn Fluharty (House, District 5), $5,600
* Flimsy Adkins (House, District 30), $5,000
Thomas said WV CALA will continue to monitor contributions from personal injury lawyers to legislative candidates as campaign finance reports for the general election are submitted in the lead-up to November.