On Monday, the Texas House of Representatives Committee on Civil Practices met to hear testimony relative to two of its interim charges affecting the Texas civil justice system.
The first charge addressed on Monday asked the committee to examine the effect of meritless litigation on the civil justice system. The committee heard testimony from Texans for Lawsuit Reform that the legislature should create a new cause of action to allow victims of meritless litigation to file a separate lawsuit against the plaintiff in the meritless lawsuit to recover damages, attorney.s fees and expenses caused by the meritless litigation. Opponents of this proposed new cause of action testified that there is no significant incidence of meritless litigation in Texas. Moreover, Texas already has chapters 9 and 10 of the civil practices and remedies code as well as rule 13 of the Texas Rules of Civil Procedure which provide remedies sanctioning frivolous lawsuits and pleadings.
The next charge asked the committee to study the dram shop laws of the state. Proponents of new legislation argued that the alcohol beverage code does not provide injured persons with a civil remedy for money damages against a commercial provider who served alcohol to a person between the ages of 18 and 21. These proponents argued that the code should be rewritten to plug that gap. Opponents responded that the code contains no such gap in coverage and does not need to be rewritten. Proponents of another type of amendment to the alcohol beverage code testified that providers of alcohol who cause injuries by serving obviously intoxicated patrons should be made jointly and severally liable with the intoxicated patron (effectively overturning the Texas Supreme Court.s holding in FFP Operating Partners v Duenez, 2006 Tex Lexis 1130 (Tex. 2006)). Opponents argued that the current proportionate liability scheme established by chapter 33 of the Texas Civil Practices and Remedies Code should apply equally to all tort defendants, including alcohol providers (that is, all tort defendants should be treated the same insofar as statutory apportionment of liability is concerned).
The committee.s report and recommendations are expected to be issued before the start of the next legislative session. The committee also announced its plans to reconvene in the near future to hear testimony on the economic (and social) impact of recent tort reform legislation in Texas.
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We will cover these and other important legal developments at our 13th annual, full day, fully accredited Ultimate Claims Handing Seminar on October 10, 2008 at CityPlace Conference Center in Dallas, Texas. Over 300 attended last year. Registration materials will be sent out in August.
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David Chamberlain has been elected Treasurer of the Austin Bar Association and will oversee the financial affairs of 3,700 member association for the next year. This month he was also named as the Outstanding Board Director of the Austin Bar and named a Texas Super Lawyer for the fourth straight year in Texas Monthly Magazine.
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Chamberlain.McHaney is an AV (highest peer review rated) Firm and is listed in Best.s Directory of Recommended Attorneys.