WSJ touts Perry's 'loser pays' plan

By Marilyn Tennissen | Dec 16, 2010


In a recent editorial, the Wall Street Journal praised Gov. Rick Perry for his plans to expand Texas' "impressive tort reform record."

Perry is proposing that Texas adopt a "loser pays" rule which would require that plaintiffs who lose a suit pay the defendants' legal costs. And lawyers who bring suits deemed "groundless" under Texas law would also be required to pay. The governor also would make it easier for smaller claims to move through legal channels.

"Americans now spend more on tort litigation than they do on new cars," the Dec. 15 editorial states. "The courts are choked with such high crimes as the $54 million pair of pants that a D.C. dry cleaner allegedly ruined in 2007. A procedural reform like loser pays to deter junk lawsuits would make the legal system less of a drag on the economy and less of a political tool for redistributing wealth."

The editorial also gives high marks to Texas' legal reforms enacted in 2003 and 2005 for helping to make it "the country's best state for job creation."

Read the full editorial here ...

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