West Virginians deserve an honest conversation about our courts and our civil justice system. That’s something they’re never going to get from Greg Thomas and West Virginia Citizens Against Lawsuit Abuse.
His recent guest column for The West Virginia Record was just a rehash of what we’ve come to expect from him — misleading claims, political talking points and revisionist history.
Downs
Let’s begin with the most ironic and hypocritical point he made. He wails about out-of-state special interests spending money to influence the West Virginia Legislature and our judicial and legislative elections, yet he fails to mention that his own organization, West Virginia Citizens Against Lawsuit Abuse, was created and funded by out-of-state corporations worth billions.
Since CALA first came on the scene in the 1990s, its leaders have refused to tell voters the truth. CALA was created by a Washington, D.C., PR firm to do one thing — help corporate funders increase their profits by limiting the constitutional rights of West Virginians.
For 30 years CALA, the American Tort Reform Association (for whom Thomas lobbies) and its allies have spent millions attempting to influence West Virginia elections, judicial races and public policy on behalf of the insurance industry and large corporate defendants.
Thomas cannot represent organizations funded and supported by national corporate interests and now denounce these same tactics and warn West Virginians about “out-of-state special interests” wanting to take over our state.
Thomas also claims bad legislation which limited the rights of West Virginians were key to improving our economy. Lawmakers listened and passed many of those bad bills in 2015, but there’s been no economic benefit.
According to Business Insider, West Virginia’s economy ranked 50th in 2015 among the other states and Washington, D.C. We were 51st in 2020 and 51st again this year.
Those bad bills did not bring new jobs, did not reverse our population decline, did not diversify our economy or do anything else to improve our economic climate. Instead, this legislation, here and in other states, caused insurance industry profits to soar. According to the National Association of Insurance Commissioners, industry profits totaled $405 billion over the last three years. And they’re still increasing our premiums.
What is even more ludicrous is that Thomas now wants us to believe that the CALA/ATRA legislative agenda led to breaks in our income taxes.
First, he provides no evidence to back this claim up — probably because there isn’t any. Second, correlation does not equal causation. Just became something happened at the same time doesn’t mean they are in any way related. The insurance corporations did not give any of those soaring profits back to our state or our citizens.
West Virginia lawmakers need to focus on what will improve our economy and bring new jobs — improved education, training for 21st century jobs, better broadband and better infrastructure. That is what will make a real difference.
Our 2026 primary election results do not mean West Virginians are rejecting our economic growth. Voters made their own decisions based on what they believed to be best for themselves, their families and our state.
Just because Greg Thomas’ candidates lost doesn’t mean West Virginia is in crisis and our very future is at risk.
This is certainly true in our West Virginia Supreme Court elections.
For the first time in years, West Virginians had the opportunity to choose between exceptionally well-qualified candidates in both of those races. LAWPAC, the political action committee of the West Virginia Association for Justice, stated that the candidates “are committed to our Constitution, the rule of law and judicial independence. They each bring integrity that will allow them to serve with distinction ... each will uphold the law fairly and faithfully.”
That’s why our membership endorsed six of the seven candidates. West Virginia voters selected Justice H. L. Kirkpatrick and Justice Bill Flanigan. Again, Thomas’ preferred candidates didn’t win. It happens, but that’s no excuse to attack voters or our newly elected justices.
The truth is Thomas is probably scared.
After decades of misinformation, half-truths and outright lies, West Virginians are rejecting his claims and the candidates who support his agenda. Economic growth does not require sacrificing accountability, safety and access to justice.
A fair court system does not mean electing candidates beholden to their corporate donors, but judges and justices who will impartially uphold the constitution and not bow down to Greg Thomas’ special interests.
If Greg Thoms truly wants West Virginians to believe his complaints, then he can start with disclosing the large, out-of-state corporations that fund his salary and organizations.
Downs is the president of the West Virginia Association for Justice and a partner with Manchin Injury Law Group.
