Baseless Claims In Texas Now Have Financial Consequences

Law360, New York (September 30, 2013, 5:52 PM EDT) -- On March 1, 2013, Rule 91a of the Texas Rules of Civil Procedure went into effect, permitting early challenges to allegedly baseless claims. The new rule permits a party to file a motion to dismiss a cause of action on the grounds that it has no basis in law or in fact. If the party prevails on its Rule 91a dismissal motion, it can recover attorney’s fees.

The provision is commonly referred to as a “Loser Pays” rule and was implemented as part of tort reform...
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