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HB274
SUMMARY
Author: Creighton, Aliseda, Jackson, Sheets

Relating to the reform of certain remedies and procedures in civil actions. Read & Follow the Bill
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the debate: HB274
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Contributor Comments
Alex DeHond
(Jefferson County) May 5, 2011, 7:08 pm Thumbs Down report abuse
Ridiculous. TPPF and TLR apologists repeating "frivolous and abusive suits" is like watching someone afflicted with some sort of political Tourette's Syndrome. The Office of Court Administration numbers show that torts have been decreasing even while the Texas population has been exploding. It's just not the problem it's made out to be. Loser pays is a horrible idea that will affect the judgment proof (big corporations and the abjectly poor who have nothing to lose). Small businesses and middle class homeowners will get squeezed -- again.
bellecurve
(Travis County) May 5, 2011, 1:40 pm Thumbs Up report abuse
The substitute is a modified version of the original, and makes necessary changes to the current Offer of Settlement provisions in civil procedure - rendering offers of settlement useful for both sides to a claim as well as allowing both sides (rather than just the plaintiff) to recover litigation costs. Further, the bill has four other provisions that will open the courts in order to make plaintiffs whole without abusing defendants - which is, after all, the purpose of civil law in Texas.
ImaHogg
(Hays County) May 5, 2011, 12:53 pm Thumbs Up report abuse
Great bill Mr. Chairman
Stevie
(Travis County) May 5, 2011, 12:47 pm Thumbs Up report abuse
I was a fan of the medical liability tort reform from 2003, I think that "loser pays" is the next logical step. I just assume that the trials will try to stop it . .
wrbrannan
(Travis County) May 5, 2011, 11:14 am Thumbs Up report abuse
HB 274 - the “loser pays” bill – is set on the House General State calendar for May 5th. A loser-pays statute would ensure that all tort plaintiffs with meritorious claims have access to the judicial system. Such a statute would decrease the cost of litigation, reduce the current backlog of cases, and ensure that only meritorious claims are heard. Plaintiffs’ attorneys would be deterred from bringing fraudulent and abusive lawsuits. Additionally, the procedural protections in HB 274 will further decrease costs of litigation, allow quicker access to the courts, and create a more efficient judicial system. In particular, the rulemaking authority given to the Supreme Court to allow a motion to dismiss—something already done in federal courts—for filing a frivolous lawsuit would be a great step forward. The procedural protections in this bill would go a long ways toward ensuring that our judicial system returns to being based on justice, rather than the size of our wallets.
 
 
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