Lurker
August 6th, 2002, 04:59 PM
Today I found an interesting website while doing a search for frivolous lawsuits in Texas and checking out what kind of laws they had on the books. Heres the site:
http://www.calahouston.org/
In reference to the 1995 lawsuit reform bill it states:
The plaintiffs burden of proof is raised from the narrower “preponderance (at least 51 percent) of the evidence” to the higher standard of “clear and convincing evidence”. The latter, is a standard currently used in 19 other states.
http://www.calahouston.org/1995a.html
I wonder which 19 states those are and if DTV is filing suits in those states? Interesting thought huh?
Some thing else interesting:
SB 31 brings Texas in line with the more stringent federal guidelines by discouraging lawyers and parties from filing frivolous lawsuits. A court may impose penalties when a party files a groundless lawsuit, causes unnecessary delay or files a suit merely to harass an opposing party. Parties may recover fees and expenses when they are forced to defend themselves from frivolous claims or motions
http://www.calahouston.org/1995e.html
And in reference to the 1997 Reform abuse bill it states:
Summary Judgment
This revision in the Texas Rules of Civil Procedure gives judges greater authority to dismiss cases that clearly lack evidence.
Many believe the new summary judgment standard will be a powerful tool for Texas courts to weed out meritless suits at an early date, thus saving time and court costs.
http://www.calahouston.org/1997a.html
Lots of interesting reading, and I wonder what other states have similar laws and could this possibly prevent DTV from filing suit against end users with what little evidence they do have in these states? It would be interesting to see what a lawyer's opinion on this would be.
http://www.calahouston.org/
In reference to the 1995 lawsuit reform bill it states:
The plaintiffs burden of proof is raised from the narrower “preponderance (at least 51 percent) of the evidence” to the higher standard of “clear and convincing evidence”. The latter, is a standard currently used in 19 other states.
http://www.calahouston.org/1995a.html
I wonder which 19 states those are and if DTV is filing suits in those states? Interesting thought huh?
Some thing else interesting:
SB 31 brings Texas in line with the more stringent federal guidelines by discouraging lawyers and parties from filing frivolous lawsuits. A court may impose penalties when a party files a groundless lawsuit, causes unnecessary delay or files a suit merely to harass an opposing party. Parties may recover fees and expenses when they are forced to defend themselves from frivolous claims or motions
http://www.calahouston.org/1995e.html
And in reference to the 1997 Reform abuse bill it states:
Summary Judgment
This revision in the Texas Rules of Civil Procedure gives judges greater authority to dismiss cases that clearly lack evidence.
Many believe the new summary judgment standard will be a powerful tool for Texas courts to weed out meritless suits at an early date, thus saving time and court costs.
http://www.calahouston.org/1997a.html
Lots of interesting reading, and I wonder what other states have similar laws and could this possibly prevent DTV from filing suit against end users with what little evidence they do have in these states? It would be interesting to see what a lawyer's opinion on this would be.