On May 30, Gov. Rick Perry signed into law a new omnibus civil justice bill, H.B. 274. Not since the debate over H.B. 4 in 2003 has a set of proposed changes stirred as much heated public debate. The dust has just begun to settle on the new law, but it’s not too early for plaintiffs and defense lawyers to begin thinking about new tactical strategies in a post-H.B. 274 world.
Article 1 of H.B. 274 directs the Texas Supreme Court to adopt rules for the dismissal of causes of action that “have no basis in law or fact on motion without evidence.” Courts “shall” award costs and attorneys’ fees to parties who prevail on motions to dismiss filed under the new rules.
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