Venue

Because of variations in the competence and fairness of some judges and juries, some states (or counties within a state) are regarded as “better” than others for certain kinds of cases. When a plaintiff manipulates the system in order to file a lawsuit in one of these preferred venues—typically by adding parties to the case […]

Product Liability

Over the years, the Texas Legislature has addressed abuses in product liability litigation by passing a number of common-sense laws to allow consumers who are sold a defective product to have their day in court, while curtailing the ability of lawyers to pursue abusive lawsuits. 2003: Product Liability Reform Before 2003, retailers were often sued […]

Personal Injury, Wrongful Death and Other Torts

Common-sense tort reforms have helped ensure injured Texans still receive the compensation they are due without creating opportunities for lawsuit abuse and massive paydays for personal injury trial lawyers. The Texas Legislature has continued to ensure state laws are fair and honest by passing the following bills: 2023: Addressing Additional Transportation-Related Liability Issues A number […]

Lawsuit Procedures

The Texas Legislature has taken significant steps to improve efficiency, prevent abusive litigation from impeding and delaying the process of justice, and make the appellate courts available to all parties to a lawsuit. This important work will continue through future legislative sessions as new challenges arise. 2021: Tweaking the Multidistrict Litigation Statute The multidistrict litigation […]

Frivolous Litigation

Texas has long required lawyers to certify that a lawsuit is not groundless and is not brought in bad faith, to harass a defendant, or to delay or increase the cost of litigation. Over the years, both the Texas Legislature and Texas Supreme Court have taken steps to strengthen the law to ensure frivolous lawsuits […]

Damages

In tort cases, our laws typically allow a plaintiff to recover damages to make him whole (actual damages) and damages to punish the wrongdoer (punitive damages). Actual damages can be broken into two categories: economic damages, which is the amount of money necessary to make the plaintiff financially whole, and non-economic damages, which includes compensation […]

Consumer Protection

In fact, in some cases, all parties were multi-billion-dollar international corporations. Texas had lost the focus on consumers in its consumer protection laws. Even in true consumer cases, very few defendants could afford the risk inherent in fighting one of these lawsuits. The burden to prove a violation of Texas’ main consumer protection statute was […]

Attorneys

In the 1970s and 1980s, Texas had a reputation for jackpot justice because powerful personal injury trial lawyers had controlled the Legislature and courts for decades, stifling efforts to promote accountability and ethical standards within their ranks. Over several years, the Legislature has taken steps to right the course. However, more can be done to […]

Medical Liability

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Hail/Windstorm/TWIA

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