Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

  • About TLR
    • Our Mission
    • Our Team
    • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
    • Special Reports
    • In the News
    • Press Releases
    • The Advocate
    • TLR Blog: For the Record
  • Get Involved
  • Contact
    • Contact Us
    • Invite a TLR Speaker
  • Donate
  • Stay Informed
In the News

Texas House committee hears tort reform measures, including bill to stop abuse of public nuisance

SE Texas Record, April 7, 2021

By David Yates

AUSTIN – A number of tort reform measures were heard yesterday by Texas House members, including bills on public nuisance, loser pays and paid or incurred.

The Judiciary & Civil Jurisprudence Committee spent the better part of the day listening to testimony. About forty minutes into the session, House Bill 2144 was discussed.

Authored by Rep. Cody Harris, HB 2144 seeks to ensure that the tort of public nuisance is clearly defined and consistent with its traditional purpose.

“The Texas economic miracle is built on low taxes … and legal reform – the last thing we need to do is return to the day when Texas was the world’s courtroom where money-hungry plaintiff’s attorneys filed one frivolous lawsuit after another,” Harris told committee members. “House Bill 2144 will keep Texas a national leader in legal reform and will stop activist attorneys from abusing public nuisance lawsuits.

Harris said public nuisance has historically been used to clean up spills and highway obstructions, but “profit-motivated” lawyers have been using the legal theory as a “catch all hammer” to extort money from businesses.

“And although they’ve been met with mixed success, it’s clear they won’t stop trying,” Harris said. “They’ve tried suing firearms manufactures and paint companies. And now they are suing mortgage companies … and oil and gas companies for climate change.

“What’s the next baseless claim they’ll make?”

Jonathan Fombonne, first assistant at the Harris County Attorney’s Office, spoke against the bill, saying that municipalities throughout the state use public nuisance law to combat public health crises.

“Public nuisance lawsuits bring in money that has been spent to deal with these public health crises,” Fombonne said, adding that in recent years numerous Texas municipalities have filed public nuisance suits in order to deal with the opioid epidemic.

Elbert Lin, speaking on behalf of the U.S. Chamber’s Institute for Legal Reform, told the committee there is growing trend to transform public nuisance into an all purpose cause of action for any conduct deemed harmful to society.

“This trend creates an ever present threat … of court imposed liability,” said Lin, an attorney for Hunton Andrews Kurth. “The only way to end this treat is by statute, and that’s what HB 2144 would do.”

The committee also heard testimony on:

– HB 3150, a loser pays bill that allows a court to award attorney’s fees to a prevailing party;

– HB 1617, which addresses the abuse of the paid or incurred rule and the process of proving up the reasonableness of medical charges in civil litigation;

– HB 3365, an opioid settlement bill that would manage the distribution of funds from the statewide opioid settlement;

– HB 1794, which relates to the liability of a property owner. If passed, HB 1794 would grant additional protections to land owners who offer the use of their land for recreational enjoyment for free or a nominal cost (i.e. a rancher allowing Boy Scouts to camp on his or her land); and

– HB 1875, which relates to the creation of courts specializing in business disputes.

The U.S. Chamber of Commerce owns The Record.

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Texans for Lawsuit Reform

20 hours ago

Texans for Lawsuit Reform

In case you missed it: Specialized business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly and expertly handle complex business litigation, freeing up other courts to handle other types of cases. Read and share: bit.ly/3y7zwnI ... See MoreSee Less

Link thumbnail

Making Business Our Business

bit.ly

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitter? While the nuances of this deal are daily fodder...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 0
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

The federal judge who supervises multidistrict opioid litigation had ordered a certain percentage of future opioid settlements to be set aside for plaintiffs’ lawyers who have similar cases outside the MDL, diverting more settlement money away from the victims. Read & share: bit.ly/3NqcDQP ... See MoreSee Less

Link thumbnail

Multidistrict Opioid Litigation Continues to Enrich Plantiffs' Lawyers

bit.ly

Multidistrict opioid litigation is once again being used to the advantage of plaintiffs’ lawyers. This very serious issue requires a victims-first approach, not a plaintiffs’-lawyer-payday-first a...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 1
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

A month passed before Harris County courts brought in 18-year-old Corey Hodges, who violated his bond conditions 37 times. Crime Stoppers’ Andy Kahan blames the initial judge's lack of enforcement on his first bond violation back in 2015. Read and share: bit.ly/3A6vLjC ... See MoreSee Less

Link thumbnail

18-year-old charged with murder, aggravated assault violates bond conditions at least 37 times

bit.ly

HARRIS COUNTY, Texas – 18-year-old Corey Hodge could be a poster guy for Breaking Bond. “This is clearly you are breaking your bond conditions,” said Andy Kahan with Crime Stoppers. On April 17,...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 1
  • Shares: 1
  • Comments: 0

Comment on Facebook


Follow us on Twitter

lawsuitreform avatarTLR@lawsuitreform·
14h 1542991625462464513

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

bit.ly

Reply on Twitter 1542991625462464513Retweet on Twitter 1542991625462464513Like on Twitter 1542991625462464513Twitter 1542991625462464513
lawsuitreform avatarTLR@lawsuitreform·
20h 1542901497490456578

#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

bit.ly

Reply on Twitter 1542901497490456578Retweet on Twitter 15429014974904565781Like on Twitter 1542901497490456578Twitter 1542901497490456578
lawsuitreform avatarTLR@lawsuitreform·
30 Jun 1542629262443905024

Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

bit.ly

Reply on Twitter 1542629262443905024Retweet on Twitter 1542629262443905024Like on Twitter 1542629262443905024Twitter 1542629262443905024

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
  • Our Mission
  • Our Team
  • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
  • For the Record
  • Special Reports
  • In the News
  • Press Releases
  • Invite a TLR Speaker
  • Get Involved
  • Invite a TLR Speaker
  • Donate
  • Stay Informed
  • Contact TLR

Copyright © 2022 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2022 · Texans for Lawsuit Reform.
All rights reserved.
Privacy Policy