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Statement on Texas Senate passage loser pays, lawsuit reform
May 24, 2011, 7:59pm
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By Ryan Brannan, TPPF Economic Freedom Policy Analyst:
“Today’s Senate passage of HB 274, the ‘loser pays’ bill, is a great step forward for Texas and another step toward getting rid of many frivolous lawsuits that are clogging our courts. This statute will ensure that any Texan who has been wronged will have access to the judicial system. It will cut the costs of going to trial and reduce the current backlog of cases by decreasing the number of fraudulent and abusive lawsuits.
“We know that tort reform is necessary, and we know that it works. Texas’ previous tort reform initiatives have brought back thousands of doctors to our state, improved access to the court system, and helped our state’s economy.
“The procedural protections in HB 274 will further cut the 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 for filing a frivolous lawsuit -- something already done in federal courts -- would be a great step forward. The procedural protections in this bill will go a long way toward ensuring that our judicial system dispenses justice according to the merits of the case rather than the size of the wallet.”
Ryan Brannan is the economic freedom policy analyst at the Texas Public Policy Foundation.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin.
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