Senator's Comments at Hearing Provide Clues About Likely Changes for House's Loser-Pays Bill

, Texas Lawyer


Sen. Joan Huffman said the Senate version of the bill would provide for dismissal only after a court determines a claim is "baseless" and brought in "bad faith." Huffman said the substitute bill also would tweak a provision in H.B. 274 about offer of settlement that entitles defendants to collect attorney's fees after they file a declaration seeking settlement but the plaintiff later rejects the offer; fees would be available for litigation after the plaintiff's rejection.

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