Early Offer of Settlement: H.B. 274 (2011)
The main elements of the legislation are as follows: (1)
The main elements of the legislation are as follows: (1) an early dismissal of actions provision in which the Texas Supreme Court is directed to promulgate a new rule of civil procedure providing for the dismissal of cases that have no basis in law or fact; (2) a section that requires the Texas Supreme Court to promulgate rules of civil procedure to “promote the prompt, efficient, and cost-effective resolution of civil actions” in which the amount in dispute is less than $100,000; (3) removal of a requirement that a trial judge obtain permission from all parties before he or she can certify a question for appellate review, and clarification of the procedure for taking the appeal; (4) changes and modifications to the early offer of settlement statute which are intended to make the statute more balanced and, therefore, more useful; and (5) provisions pertaining to the designation of responsible third parties.
This shift is not in the best interests of consumers, manufacturers, or the state as a whole
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