Texas Issues

Attorney General Sunshine / Private Attorney General Sunshine

Reforms View All »

Joint and Several Liability Reform: HB 4 (2003).

Texas|2003

Defendant pays only assessed percentage of fault unless defendant is

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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%.

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Joint and Several Liability Reform: SB 28 (1995).

Texas|1995

Bars application of the rule of joint and several liability

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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.

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Legal Services Advertising

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Rural Health Care Act: H.B. 18 (1989)

Texas|1989

Requires that juries be instructed that a bad medical outcome

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Requires that juries be instructed that a bad medical outcome does not necessarily justify a finding of negligence. Requires that expert witnesses be practicing physicians. Indemnifies physicians with a case load of 10% or more charity cases. Note: under the Act, OB-GYN’s and emergency room physicians would be indemnified for the first $100,000 and all physicians meeting the patient load, risk management and insurance requirements would be
indemnified for the first $25,000.

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Unchallenged

Medical Liability Reform: Noneconomic Damages Reform: HB 4 (2003).

Texas|2003

Limits the award of noneconomic damages in medical malpractice cases

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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.

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Constitutional Amendment- Noneconomic Damages: H.J.R. 3 (Proposition 12- 2003)

Texas|2003

Provided that the Texas Legislature has the authority to place

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Provided that the Texas Legislature has the authority to place limits on noneconomic damages.

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Unchallenged

Medical Liability Reform: Noneconomic Damages Reform: HB 4 (2003).

Texas|2003

Limits the award of noneconomic damages in medical malpractice cases

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Reforms View All »

Product Liability Reform: HB 4 (2003).

Texas|2003

Provides for a 15 year statute of repose for product

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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.

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Challenged and Upheld

Fiengo v. Gen. Motors Corp., 225 S.W.3d 858 (Tex. App.-Dallas 2007).

Product Liability Reform: SB 4 (1993).

Texas|1993

Requires proof of an economically and technologically feasible safer alternative

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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.

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Reforms View All »

Punitive Damages Reform: HB 4 (2003).

Texas|2003

Requires unanimous jury verdict to award punitive damages. Specifies that

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Requires unanimous jury verdict to award punitive damages. Specifies that jury must be so instructed.

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Challenged and Upheld

Waste Disposal Ctr., Inc. v. Larson, 74 S.W.3d 578 (Tex. App.-Corpus Christi 2002).

Punitive Damages Reform: SB 25 (1995): Tex. Civ. Prac. & Rem. Code §§ 41.003, 41.008.

Texas|1995

Limits the award of punitive damages to the greater of

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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.

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Miscellaneous

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Deceptive Trade Practices Act Reform: S.B. 2140 (2019)

Texas|2019

Reduces the amount of civil penalties the attorney general may

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Reduces the amount of civil penalties the attorney general may seek to recover under the Deceptive Trade Practices-Consumer Protection Act from $20,000 per violation to $10,000 per violation.

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Unchallenged

American Law Institute: H.B. 2757 (2019)

Texas|2019

Provides that, in any action governed by the laws of

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Provides that, in any action governed by the laws of Texas concerning rights and obligations under the law, the American Law Institute’s Restatements of the Law are not controlling.

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Unchallenged

Latest News

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Texas AG Candidate Eva Guzman Prioritizes Transparency

Press Releases

ATRA developed the Transparency Code as a collection of model policies that should govern the use of outside counsel by state attorneys general.

Transparency Prioritized by Texas AG Candidate George P. Bush

Press Releases

ATRA developed the Transparency Code as a collection of model policies that should govern the use of outside counsel by state attorneys general.

Texas Trial Lawyers Spend $16.4 Million in Major Media Markets

Press Releases

132,000 ads aired in Dallas-Ft. Worth, Austin, San Antonio & Houston April 17, 2019 (WASHINGTON) – The American Tort Reform Association released its latest study on trial lawyer advertising, which […]

Report: $23.3 Million Spent by Trial Lawyers on Advertising in Texas TV Markets

Press Releases

March 21, 2019 (WASHINGTON) — Today, the American Tort Reform Association released a study showing spending on TV ads by trial lawyers in Texas’s largest media markets. “Don’t settle for quick cash! Call […]

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List

Press Releases

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List Nine Jurisdictions, Courts, and Legislatures Named Nation’s “Most Unfair” Dec. 4, 2018 […]

ATRA Cheers 5th Circuit Reversal of Record-Setting FCA Verdict

Press Releases

WASHINGTON, D.C., October 3, 2017 – The American Tort Reform Association is cheering a U.S. Court of Appeals for the Fifth Circuit decision last Friday that reversed a record-setting $663 […]

Appeal Bond Reform

Attorney General Sunshine / Private Attorney General Sunshine

Class Action Reform

Contingent Fee Reform

Forum and Venue

Joint and Several Liability

Judgement Interest Reform

Jury Service Reform

Legal Services Advertising

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

Latest News

View all news

Texas AG Candidate Eva Guzman Prioritizes Transparency

Transparency Prioritized by Texas AG Candidate George P. Bush

Texas Trial Lawyers Spend $16.4 Million in Major Media Markets

Report: $23.3 Million Spent by Trial Lawyers on Advertising in Texas TV Markets

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List

ATRA Cheers 5th Circuit Reversal of Record-Setting FCA Verdict