Texas to Consider Loser Pays System of Civil Justice
According to the New York Times, Texas will consider whether to adopt a "loser pays" rules for civil cases. The rule, similar to the English Rule, would that require the losing party in a civil case to pay the attorney's fees and costs of the prevailing party. It is unclear whether this rule, if passed, would have any effect on the number of employment discrimination, retaliation or harassment suits filed against Texas employers.
Employers shouldn't get excited about a loser pays rule; however, because I think the likelihood of that legislation passing this session is remote.
