Texas has a legal emergency, a situation so dire that emergency legislation is necessary. Thank goodness the House came through, passing “Loser Pays” legislation without debate.
The bill requires that the loser in a lawsuit pays for the winner’s attorney’s fees. Can’t ya just feel the love?
Actually, the changes in the law don’t appear to be all that drastic. First off, it made no changes to paying the other side’s attorneys if you won, but not enough to beat their settlement offer. That part is currently law in Texas.
The biggest change, as far as paying the other side’s attorneys is when you sue over a breach of contract, whether it is an oral or written agreement. As things stand now, each side would pay for their own lawyers, unless the contract said otherwise. But under this law, if you get ripped off in a contract sale, and you sue and lose, you’ll have to pay their attorneys!
So, if you buy something from MultiNationalCorpInc and it turns out to be defective, you sue, they bring on their armies of lawyers and out-spend you into oblivion, you’ll be driven into bankruptcy having to pay their six-figure or more legal fees. Now that’s feelin’ the love!
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