As the link roundup at the Torts Prof blog demonstrates, the Texas House passed a bill that is being called "loser pays." I haven't seen the latest text of HB 274, but if it's anything like an earlier version on the web, "loser pays" is a generous description: all that version of the bill did was to expand the equivalent of Rule 11 to permit discretionary awards of fees where a motion to dismiss has been granted. If that's what is in the final bill, it's a long way from loser pays.
Texas loser pays?
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



