1997 Lawsuit Reforms
Out-of-state Lawsuits

For a summary of lawsuit reforms adopted in 1997 follow the links below:

Summary Judgment
Wrongful Discharge
Barratry
Fire Rescue Equipment
Out-of-state Lawsuits
Managed Care Responsibility
Interlocutory Appeals
Ice Skating Operators

SB 220 makes it easier for judges to dismiss personal injury or wrongful death lawsuits that arise outside of Texas. This law gives judges authority to send claimants back to their home states if their case can be heard there. Non-Texans must show that their claims have not expired under their states' statutes of limitations. Out-of-state claims filed between August 1, 1995 and December 31, 1996 may remain in Texas if the plaintiff agrees to the current Texas cap on punitive damages. The measure also gives Texas judges discretion to transfer roughly 40% of the pending 49,000 out-of-state asbestos claims to another court system. Claims filed prior to August 1, 1995 are not subject to dismissal.

The issue of out-of-state lawsuits began in 1990 when the Texas Supreme Court, ruled that Texas trial judges could not dismiss personal injury lawsuits filed by out-of-state residents. The injury did not have to occur in Texas to have the case heard here. Texas is the only state that limits judges in this way.

In 1993 the Legislature restricted most out-of-state claimants wanting to sue here, but exceptions were made for railroad, airline, asbestos and silicosis cases.

An estimated 41,000 out-of-state asbestos claims are now pending in Texas courts. Roughly 22,000 of these cases are in Galveston, Harris, Orange and Jefferson counties.

In numerous instances, the statute of limitations had expired in the claimants' home state. So, the case was brought to Texas because our laws allow non-Texans to file a lawsuit here even if the same case cannot be brought in the claimants own home state.


Citizens Against Lawsuit Abuse

2500 City West Boulevard, Suite 300 • Houston, Texas 77042
E-mail: sosueme@calahouston.org • Administrative: (713) 267-2302 • Fax: (713) 267-2267