TEXAS' PROPOSED MOTION TO DISMISS: A Work in Progress
Kane Russell Coleman & Logan PC
Mike Logan, Kevin Madden
KRCL Litigation Alert, August 1, 2012
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. Read more...
Kane Russell Coleman & Logan PC is a full service law firm with offices in Dallas and Houston. Formed in 1992 with five lawyers, today KRCL has 83 lawyers. The Firm provides professional services for clients ranging from Fortune 500 companies to medium-sized public and private companies to entrepreneurs. KRCL handles transactional, litigation and bankruptcy matters in Texas and throughout the country.
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