Senate Approves Loser-Pays Bill

The Senate unanimously passed a major tort reform bill today that would allow courts to grant attorneys' fees to prevailing parties under certain circumstances.

The bill from Rep. Brandon Creighton, R-Conroe, has undergone several adjustments since its inception. As it passed the House, it would have enacted a modified loser-pays rule that would allow winning parties to recover litigation costs in breach-of-contract suits or if a judge grants a motion to dismiss. (This would apply only in situations in which parties have not already made a contractual attorneys' fees arrangement.) It would also direct the Texas Supreme Court to create a procedure for ...

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