David Chamberlain, second from right, helped draft final lawsuit legislation
At the invitation of Texas Governor Rick Perry, David Chamberlain of Chamberlain McHaney attended the Governor’s Memorial Day signing of HB 274, the Governor’s Lawsuit Reform Legislation.
Chamberlain was one of four lawyer/conferees appointed by Senator Bob Duncan, Chairman of the Senate State Affairs Committee, to draft a bill that addressed the varying and often disparate concerns of stakeholders interested in the Texas civil justice system. Chamberlain represented the Texas Chapters of the American Board of Trial Advocates, and was joined by one representative each from three other groups: the Texas Trial Lawyers Association (a statewide organization of plaintiffs attorneys) as well as Texans for Lawsuit Reform and the Texas Civil Justice League (two tort reform groups).
After a full week of heated negotiations at the Capitol, Chamberlain and the three other conferees drafted an agreed bill and presented it to the Senate State Affairs Committee. The State Affairs Committee approved it by a unanimous vote. The full Texas Senate then approved the bill without amendment or debate by a unanimous vote. The Texas House of Representatives then accepted the Senate bill. Governor Perry signed the bill in a public ceremony at the Texas Capitol on the morning of Memorial Day, calling it landmark legislation.
The final bill provides for a new mechanism for the early dismissal of frivolous suits, procedures for expediting trials involving less than 100,000, a new mechanism for interlocutory appeals of controlling questions of law, and significant changes to responsible third party practice. However, the final senate version of the bill, as drafted by Chamberlain and the other three conferees, strips out “loser pays” and other unfair provisions contained in the version of the bill that the House initially passed.
The new law will take effect on September 1. To view the new click: http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/HB00274F.pdf#navpanes=0
David Chamberlain is President-elect of the Austin Bar Association and former President of the Texas Association of Defense Counsel. He is board certified in personal injury trial law and handles a full docket of civil litigation throughout Texas.
Chamberlain♦McHaney, with offices in Austin and San Antonio, handles all types of civil litigation throughout the state. The firm is A-V (highest peer review) rated by Martindale-Hubbell (Bar Registry of Preeminent Lawyers) and is listed in A.M. Best’s Directory of Recommended Attorneys. For information regarding our areas of practice and a list of representative clients, please visit: www.chmc-law.com.