The Loser Pays (Sometimes) - Texas Legislature Passes Judicial Reforms

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One of the most hotly-contested topics of the current legislative session has been whether to adopt provisions requiring unsuccessful litigants to pay the attorneys' fees of their opponents. On May 25, 2011, the Texas House concurred with the Senate's amendments to H.B. 274, which contains several significant judicial reforms, including certain versions of this "loser pays" concept. The bill is currently awaiting Governor Perry's signature. Although many of the "loser pays" provisions that were originally proposed have been substantially altered (or removed altogether) during the bill's journey through the legislature, the final product will impact Texas litigation practice in a number of ways.

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