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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.

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Texans for Lawsuit Reform

18 hours ago

Texans for Lawsuit Reform

Living through a pandemic has made us keenly aware of how important delivery and service vehicles are to our daily lives. From groceries to vaccinations, commercial vehicles have been the integral piece to getting us what we need when we need it most. Unfortunately, some personal injury lawyers have set their sights on the very businesses that are getting us through this challenging time. Read and share: bit.ly/3sAJrfk ... See MoreSee Less

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Forum: South Texas commercial vehicle operators, owners under attack

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Living through a pandemic has made us keenly aware of how important delivery and service vehicles are to our daily lives. From groceries to vaccinations, commercial vehicles have been the integral pie...
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Texans for Lawsuit Reform

4 days ago

Texans for Lawsuit Reform

In case you missed it: In addition to massive premiums, the cost of paying a lawyer to defend one of the lawsuits against owners of commercial vehicles can devastate a small company. And every dollar spent fighting an unnecessary lawsuit is one less dollar that can be invested in a company’s employees or community. Watch the Latest Video from the Keep Texas Trucking Coalition and join here: www.keeptexastrucking.com ... See MoreSee Less

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Texans for Lawsuit Reform

5 days ago

Texans for Lawsuit Reform

In case you missed it: What started as lawsuits targeting big trucks has evolved. Now any vehicle with a company logo on it is a target for lawsuits. That’s why a broad coalition of more than 500 businesses and industry groups of all sizes have banded together to stop abusive lawsuits against commercial vehicles. The future of our state depends on it. Visit www.keeptexastrucking.com to join the coalition today. ... See MoreSee Less

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TLR has thousands of supporters across Texas who are committed to a fair and balanced civil justice system. Join our team today!

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

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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 ...

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Living through a pandemic has made us aware of how important delivery & service vehicles are to our daily lives. Unfortunately, some personal injury lawyers have set their sights on the very businesses that are getting us through it. Read & RT: #tortreform

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Texans for Lawsuit Reform
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Houston, Texas 77019

Ph. 713-963-9363
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