The Texas Civil Justice League has distributed their 2011 Legislative Program. It includes statements defending all “tort reform” passed since 1986 and the Supreme Court’s decision in the Entergy case, plus numerous new proposals on various fronts. On this list are:

  • A bill protecting chemical companies from liability for additives manufactured in compliance with government regulation (ex. – MTBE)
  • Legislation to make clear that a cause of action cannot be implied, but, instead, exists only if it is specifically written into a statute
  • Legislation restricting lawsuits based on “public nuisance” theory (such as damages for global warming)
  • Creating a civil cause of action for barratry victims
  • Prohibiting suits after the limitation period against responsible third parties named by the defendant
  • Prohibiting third-party financing of litigation
  • Making clear that rules regarding liability to a trespasser in Texas are based the Second Restatement of Torts rather than the Third Restatement.
  • A resolution compelling the Texas Supreme Court to adopt a motion to dismiss procedure patterned on the procedure found in the Federal Rules of Civil Procedure.
  • Permissive interlocutory appeals
  • Expedited procedure for civil litigation at all levels of the judicial system, particularly in smaller civil cases.
  • Legislation to rein in excessive and unsupported legal fees
  • Allowing juries to render an advisory opinion as to whether a cause of action or defense ws brought in bad faith or to harass
  • Restructuring the Texas court system