Texas deadline suit-filing, cont’d

by Walter Olson on November 7, 2011

After we passed along a recent report that Beaumont, Texas lawyers had filed 59 lawsuits the day before the state’s new “loser-pays” package of litigation reforms was to take effect, Texas attorney Brooks Schuelke responded on Twitter as follows (re-formatted and edited for clarity), saying that the issue wasn’t the loser-pays provision, but a separate “responsible third party” provision that set a malpractice trap for lawyers that delayed: “The responsible third party provisions allowed a defendant to name a party, and then plaintiff could join them even if the statute of limitations had expired. The law was changed to remove the ability to sue regardless of the statute of limitations. But defendant can’t name a party not disclosed in discovery. The amendment means we have to file suit long before the statute of limitations expires to send discovery asking defendant to name who it might name. So many cases nearing the statute of limitations had to be filed before the effective date of the change or else they could be victim to the amendment.”

{ 1 comment }

1 Beldar 11.13.11 at 5:35 am

If the new law’s effects were as pro-defense as they were billed to be, you’d see a whole lot more than a few dozen new suits filed ahead of its effective date in a place like Jefferson County. What’s newsworthy about this is the dog not barking, Walter.

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