Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of 50% of a defendant’s net worth or $25 million. Provides that defendants are no longer required to post a bond to appeal punitive damages. Provides that foreign judgments cannot be executed in Texas if appeal is pending in a foreign jurisdiction and a bond has been or will be posted.
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Provides a mechanism for Texas asbestos and silica MDL courts to dismiss long dormant claims on the inactive docket enacted in 2005, while preserving a claimant’s ability to re-file a dismissed case should the claimant develop an impairing condition.
Provides that a client may bring an action to void any contract for legal services that was procured as a result of barratry by attorneys or other persons. The client is entitled to receive all fees and damages paid to that person under any voided contract, actual damages caused by the prohibited conduct and reasonable attorney's fees and the attorney at fault shall pay a civil penalty of $5,000.
Provides for the interlocutory appeal of class action certification. Reforms attorney fees whereby fees are based on time and cost expended rather than a percentage of recovery. Provides for stay on all proceedings during appeal of class certification. Provides for administrative relief which requires a court to consider administrative relief from state agencies before certifying a class.
Provided that the Texas legislature has the authority to place limits on noneconomic damages.
refocuses the original law's intent to protect consumers from fraud and deceptive practices. The bill limits recovery to economic damages in most cases, however, damages may be tripled if the seller knew his conduct was fraudulent or deceptive.
Restores the discretion of trial court judges to dismiss lawsuits with little or no connection to Texas under the doctrine of forum non conveniens.
Reinstates the forum non conveniens doctrine, which permits a court to decline to hear a case if justice would be better served by trying the case elsewhere.
Restores the common-law doctrine of forum non conveniens to allow the court to decline to exercise jurisdiction in an action or claim for personal injury or wrongful death that arose outside of the state.
adopts the model federal rule so that a court may impose penalties when a groundless lawsuit is filed
Requires that the state attempt to handle all litigation through in-house counsel. Provides that when seeking outside counsel, the contracting agency must first seek an hourly fee arrangement. Provides that contingent fee contracts in excess of $100,000 be approved by a Legislative Review Board. Requires that at the conclusion of contingent fee representation, the state receive a statement of hours worked and total fees recovered.
provides a $100,000 limit for specified cases of governmental liability
Amends the Texas statute to allow an interlocutory appeal for 1) a special appearance, or 2) a jurisdictional challenge over a unit of state or local government before the time and expense of trial have been incurred
Defendant pays only assessed percentage of fault unless defendant is 50% or more responsible. Defendants can designate (as opposed to join) other responsible third parties whose fault contributed to causing plaintiff’s harm. In toxic tort cases, the threshold for joint and several liability raised from 15% to 50%.
Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 51% at fault.
Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 20% at fault, except when a plaintiff is found to be fault free and a defendant’s share exceeds 10%, and when damages result from environmental pollution or hazardous waste.
Increases juror pay in both civil and criminal cases from not less than $6 per day to not less than $40 per day, beginning on the second day of service. The increased compensation is to be financed by a $4 fee placed on individuals convicted of a crime. Provides prospective jurors with one automatic postponement from service, in which case service must be rescheduled within six months after the date of the original summons.
Limits the award of noneconomic damages in medical malpractice cases to $250,000 against all doctors and health care practitioners and a $250,000 per-facility cap against health care facilities such as hospitals and nursing homes, with an overall cap of $500,000 against health care facilities, creating in effect an overall limit of noneconomic damages in medical malpractice cases of $750,000.
Limits damages in wrongful death actions to $500,000. The statute originally limited damages in all negligence actions, but the Texas Supreme Court held it unconstitutional except as to wrongful death actions in Rose v. Doctors Hospital, 801 S.W.2d 841 (Tex. 1990) .
Sets the prejudgment interest rate to the New York Federal Reserve prime rate, with a floor of 5% and a ceiling of 15%.
Allows prejudgment interest only for damages that occurred before judgment.
Limits the period during which prejudgment interest may accrue if the defendant has made an offer to settle the lawsuit.
Provides for a 15 year statute of repose for product liability cases. In cases involving latent diseases, the plaintiff must have been exposed within 15 years of the product’s sale and must show symptoms more than 15 years after the sale. Provides for an innocent seller provision which prohibits actions against non-manufacturing sellers except in specific circumstances such as if the seller participated in the design of the product or knew of the defect at the time of the sale.
Requires proof of an economically and technologically feasible safer alternative design available at the time of manufacture in most product liability actions for defective design. Provides a defense for manufacturers and sellers of inherently unsafe products that are known to be unsafe. Establishes a fifteen‑year statute of repose for product liability actions against manufacturers or sellers of manufacturing equipment. Provides protection for innocent retailers and wholesalers.
Requires unanimous jury verdict to award punitive damages. Specifies that jury must be so instructed.
Limits the award of punitive damages to the greater of $200,000 or two times the award of economic damages plus non‑economic damages up to $750,000. Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with malice, defined as the “conscious indifference to the rights, safety, or welfare of others.” Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of the defendant.
Requires a plaintiff to show that a defendant’s actions were fraudulent, malicious, or grossly negligent. Limits the award of punitive damages to the greater of four times the amount of actual damages or $200,000.
Restored dollar-for-dollar settlement credit in a multiple defendant civil action
In 1999, the Texas Legislature adopted several recommendations of the Texas Supreme Court’s Jury Task Force. These reforms included increasing juror pay from $6 per day to a rate that varies based on the length of jury service, establishing a uniform juror summons and questionnaire form, exempting from jury service those who have served within the past three years, and strengthening civil penalties and adding criminal penalties against employers who fire or threaten employees for performing jury duties.
Provides that every plaintiff must establish venue independently of every other plaintiff. Mandates dismissal or transfer of any plaintiff who cannot establish venue except upon exception showing. Provides for interlocutory de novo appellate review of order granting or denying transfer or dismissal. Contains a forum non conveniens clause that states that the court must decline jurisdiction if there is a better forum for the suit.
Allows a plaintiff to bring a lawsuit where the injury occurred, where the defendant resides, or (if none of those apply) where the plaintiff resided when the injury or harm occurred.
Provides immunity to licensed health care providers who volunteer their services for or on behalf of charitable organizations
Provides a two-year statute of limitations and a fifteen-year statute of repose; requires a 60 day cooling off period before a suit may be filed; protects sellers and users who rely on statements that a product or service does not have a Y2K problem; establishes affirmative defenses; requires alternative dispute resolution before trial; prohibits pain and suffering awards, and limits punitive damages, unless the plaintiff can prove by clear and convincing evidence that the defendant committed fraud or malice.