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: Eastern District of Texas Federal Court Practice

"Five Year Retrospective on House Bill 4" - Fall 2008 SBOT Litigation Section "Advocate" magazine

By Michael C. Smith

ADVERTISEMENTS

I try to post on the great work that editor Lonny Hoffman and his editorial board are doing with the Litigation Section's quarterly Advocate magazine. They hit another home run with the fall 2008 issue, which is a five year retrospective on House Bill 4, the far reaching Texas tort reform legislation passed - five years ago. Five years ago, when I was on the editorial board, we put out an issue summarizing and analyzing the reforms (I did product liability) which was the first comprehensive analysis of what had happened and what the likely effect would be. What this issue does is look back at five years under the new law. The above link takes you to the actual issue online, but here are the articles:

The Purpose, History and 5 Year Effect of Recent Lawsuit Reform in Texas by Joseph M. Nixon
A Word From the Opponents by A. Craig Eiland
Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric
HB4 After 5 Years: Business Perspective
Medical Malpractice: Plaintiff's Perspective
Medical Malpractice After 5 Years: Defense
Class Actions in Texas after HB4 and CAFA
In Memoriam: Texas Class Actions
Effects of Punitive Damages Post HB4
Multidistrict Litigation Experience 5 Years Later: Plaintiff
Multidistrict Litigation From the Defense
Products Liability After HB4
Evidence & Procedure Updates
From My Side of the Bench by Judge Randy Wilson

I commend the issue to you - it's an invaluable perspective on both the caselaw since the bill passed, as well as the real effect it's had on the legal practice in Texas.

Full post as published by Eastern District of Texas Federal Court Practice on January 16, 2009 (boomark / email).