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Early Dismissal of Lawsuits – Texas Supreme Court to Make New Rules

As some of you may have heard, this year, the  Texas Legislature attempted to pass laws that make it more difficult for a party to file a lawsuit.  Legislators also considered proposals that would require the loser of a lawsuit to pay the attorneys’ fees of the winner – again, discouraging people to file lawsuits.

I understand there are many thoughts and opinions regarding “lawsuit abuse” but consider this:  if someone cannot bring a lawsuit for fear that they might have to pay the attorneys’ fees, who does that hurt?  I contend that it hurts those who don’t have the money to take the risk, not those who would otherwise bring a frivolous lawsuit.

Article 1 of HB 274 (passed this last session) requires the Texas Supreme Court to “adopt rules to provide for the dismissal of causes of action that have no basis in law or fact on the motion and without evidence.”  Without evidence???

We expect to see the proposed new rules in March 2012, but I would be interested in hearing your thoughts on the matter before then!