Excerpt from Wall Street Journal Editorial, December 15, 2010

Perry's Loser Pays Model

"Mr. Perry's proposal isn't the pure version of loser pays…Instead, it adds an extra disincentive for the tort industry to bring suits that Texas law already defines as "groundless." The lawyers and firms that file such claims would in almost all cases pay the penalty, a downside they'd have to weigh against their chances of personal enrichment."