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Texas loser pays?

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.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.