Perry Declares Tort Reform Emergency Legislation (Texas)

KWTX.Com ^ | May 6, 2011

[BradtotheBone]

AUSTIN (May 6, 2011)--Gov. Rick Perry has declared a tort reform bill to be emergency legislation, which allows the House and Senate to push the bill to the top of the agenda.

The measure, House Bill 274, calls on the Texas Supreme Court to institute rules that make it tougher to bring a civil lawsuit and would also allow defendants to collect costs if they prevail.

Right now only claimants can collect lawyer's fees and costs if they win.

The bill's author, Republican state Rep. Brandon Creighton, says the bill would make civil courts more efficient and less expensive, but opponents say it would discourage people from bringing suits because of the fear of paying huge legal costs if they lose.

[BradtotheBone]

BWAAAAHAHAHAHA, The donk trial lawyers are howling now in Texas.

[freekitty]

When they civil lawsuit are they saying single or collectively? Can no one individually sue?

[Defiant]

Texas justice would improve if lawyers stopped contributing to judges’ campaigns before appearing in their courts. Elected judges in contested elections are a bad idea. Occasional elections where judges are retained is ok, keeps a slight check on their behavior. Jmo.

[mo]

Texas...leading the way in REAL regulatory reform handicapping business.

[BradtotheBone]

Basically, if you file a lawsuit and lose, you will be required to pay the legal fees of the defendent. This will eliminate most frivolous (shakedown) lawsuits.

[84rules]

discourage people from bringing suits because of the fear of paying huge legal costs if they lose.

Well, DUH! Isn't that the whole point to the bill?

[Professional Engineer]

A nice little flame war started in the comments at the source.

[SeeSharp]

...but opponents say it would discourage people from bringing suits because of the fear of paying huge legal costs if they lose.

Yep. That's kinda the point.

[Made In The USA]

Eliminate frivolous lawsuits... how horrible, it may actually inspire companies to do something drastic - like relocate here and hire fellow Texans!

[achilles2000]

It’s all well enough, but the real emergency is cutting spending; enforcing the border; eliminating sanctuary cities; lifting restrictions on open carry, geting rid of the gross receipts tax, etc.

Perry is #$$@*&%?! Rhino, and so is R legislature.

[Ron H.]

....but opponents say it would discourage people from bringing FRIVOLOUS and / or TRIVIAL suits because of the fear of paying huge legal costs if they lose at hitting the Courthouse lottery.

[truthguy]

calls on the Texas Supreme Court to institute rules that make it tougher to bring a civil lawsuit and would also allow defendants to collect costs if they prevail

This is a double-edged sword to be sure. But it's long overdue. Trial Lawyers and scumbags filing frivolous lawsuits have brought us to this point. This situation has gone on for far too long. The legislatures have failed to address this problem. The down side is that some of those who have legitimate claims will not be able to proceed because a loss for them would be a financial catastrophe. Even if you have a valid claim you can still lose in civil court for any number of reasons. But this is the result of years of failure of the greedy lawyers bringing forth idiotic lawsuits and idiot jurors and insane verdicts.

[Ron H.]

One of the side benefits to this change will be less money flowing into the coffers of liberal Democrat legislators and judges. Look to Obama to try and stop this by using his henchman in charge of the AG office to attack it.

[henkster]

How many frivolous plaintiffs have any money to collect the costs? Very few. This is a bill that looks good on paper but would have little real effect.

Now, if you want REAL reform, make the plaintiff’s ATTORNEY liable for the defendant’s costs if he loses. And if he doesn’t pay up, suspend his license to practice until he does.

[TheOldLady]

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[Spktyr]

Attracting more businesses to Texas, thus increasing the tax base, would help on all those fronts. Tort reform (’loser pays’) will help do that.

[LoneStarGI]

...opponents say it would discourage people from bringing suits because of the fear of paying huge legal costs if they lose.

Hmm...how about trying this. Don't sue someone for an obscene amount of money unless you got the proof to win.

[Arrowhead1952]

A nice little flame war started in the comments at the source.

Nah, that couldn't happen with Texans. Must be the trial lawyers checking in from other states.

[PastorBooks]

Would this apply to patents and the East Texas district? East Texas is the #1 location for filing patent suits nationwide. The juries there overwhelming favor plaintiffs in patent suits, so legal firms have learned to file their suits there regardless where the defendant is located.

[Lancey Howard]

How many frivolous plaintiffs have any money to collect the costs? Very few. This is a bill that looks good on paper but would have little real effect.

The targets here are the scumbag lawyers, not their scumbag frivolous plaintiffs.