Texas Governor Rick Perry has introduced new legislation that would require the losing party in civil litigation cases to pay the legal fees for the prevailing party known as the "Loser Pays Bill". These actions are being taken to recover the litigation costs. One of the major pieces to this bill is, "If a plaintiff rejects a defendant's offer to settle and the difference between the damages awarded to the defendant is equal or greater than 10 percent of the settlement offer, then they have to pay attorneys' fees."
Excerpt From the Original Article:
"State Rep. Brandon Creighton, R-Conroe, filed HB 274, which contains the same initial loser-pays provision as Huffman's but adds a focus on contingency fee lawyers. It holds them — not the party they represent — liable for the other side's attorneys' fees if a court finds they have a "financial interest" in a case that it deems is an "abusive civil action."
Gov. Rick Perry has touted loser-pays as the next step for tort reform in the state. But state Rep. Will Hartnett, R-Dallas, who sits on the Judiciary and Civil Jurisprudence Committee, told The Texas Tribune in a story today that it is unlikely that loser-pays legislation will gain traction this session." Read the full article from Texas Tribune
Texas already has loser pay in ch 42 of the Texas
ReplyDeleteCivil Practices and Remedies code. It can only
be triggered by a defendant. Only then may a plaintiff
invoke the provisions. Have had since 2003. It's not fair but on books.
What is being proposed by Perry and his tort reform lobby
is to strip the plaintiffs portion out of the bill.
Texas Governor Rick Perry has introduced new legislation that would require the losing party in civil litigation cases to pay the legal fees for the prevailing party known as the "Loser Pays Bill". These actions are being taken to recover the litigation costs. One of the major pieces to this bill is, "If a plaintiff rejects a defendant's offer to settle and the difference between the damages awarded to the defendant is equal or greater than 10 percent of the settlement offer, then they have to pay attorneys' fees." Ramji & Associates Houston Personal Injury Attorney
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