ABA/TIPS, Products Liability Committee Newsletter Fall 2011

After two relatively quiet legislative sessions in 2007 and 2009, the Texas Legislature reentered the TortReform arena in 2011 with a highly-publicized form of “loser pays” legislation designed to shift the cost of civil litigation to parties who refuse reasonable settlement offers. As finally enacted, the law was much watered down from its original version, and most commentators believe it will not have a significant effect on the day-to-day practice of law. Other provisions of the law, however, may be more far-reaching, as they create a new procedure for early dismissal of frivolous cases, revise procedures for adding parties for comparative responsibility allocations, strive to expeditethe resolution of claims under $100,000, and expand the opportunities for interlocutory appeals.