Lawmakers ask court to reverse liability claims ruling

Follow up to my previous post. From reporter Clay Robinson at the Houston Chronicle, regarding the Entergy opinion written by Justice Willett:

In an unusual move, four legislators have asked the Texas Supreme Court to reverse a recent decision that, critics say, gives refineries and other industrial plants a new shield against liability claims from contract workers injured on the job.

The ruling contradicted the law, said two Democrats — Rep. Craig Eiland of Galveston and Sen. Rodney Ellis of Houston — and two Republicans — Sen. Jeff Wentworth of San Antonio and Rep. Bryan Hughes of Mineola — in a brief filed with the all-Republican court.

"This Court, by disregarding the express terms of the Legislature's enactments, has violated the separation of powers clause of the Texas Constitution and impermissibly encroached on the powers and functions expressly reserved to the Legislature," the lawmakers argued.

Edit. This brings to mind the study by a University of Texas law professor who found that lawsuit defendants — often businesses like Entergy — won 87 percent of the time when they took their cases to the Texas Supreme Court during its 2004-05 term.