LITIGATION ALERT: TEXAS' PROPOSED MOTION TO DISMISS: A Work in Progress

On September 1, 2011, H.B. 274 went into effect. H.B. 274 made several significant changes to the Texas civil litigation practice.  (See KRCL Litigation Alert, September, 2011.)  Among the most important of these  changes was a directive to the Texas Supreme Court that it adopt rules to provide for the dismissal of causes of action that have "no basis in law or fact" on motion and without evidence.  This was the first step in creating in Texas a mechanism similar to FRCP 12b(6) (and the procedural rules of many states) wherein ostensibly "meritless" cases could be disposed of at an early stage in the litigation process.

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