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Week of June 2, 2008
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Austin Bar Association Legislative Update
On May 19, the Texas House of Representatives Committee on Civil Practices met to hear testimony relative to two of its interim charges affecting the Texas civil justice system.
The first charge addressed on May 19 asked the committee to examine the effect of meritless litigation on the civil justice system. The committee heard testimony from Texans for Lawsuit Reform that the legislature should create a new cause of action to allow victims of meritless litigation to file a separate lawsuit against the plaintiff in the meritless lawsuit to recover damages, attorneys’ fees and expenses caused by the meritless litigation. Opponents of this proposed new cause of action testified that there is no significant incidence of meritless litigation in Texas. Moreover, Texas already has chapters 9 and 10 of the civil practices and remedies code as well as rule 13 of the Texas Rules of Civil Procedure which provide remedies sanctioning frivolous lawsuits and pleadings.
The next charge asked the committee to study the dram shop laws of the state. Proponents of new legislation argued that the alcohol beverage code does not provide injured persons with a civil remedy for money damages against a commercial provider who served alcohol to a person between the ages of 18 and 21. These proponents argued that the code should be rewritten to plug that gap. Opponents responded that the code contains no such gap in coverage and does not need to be rewritten. Proponents of another type of amendment to the alcohol beverage code testified that providers of alcohol who cause injuries by serving obviously intoxicated patrons should be made jointly and severally liable with the intoxicated patron (effectively overturning the Texas Supreme Court’s holding in FFP Operating Partners v Duenez, 2006 Tex Lexis 1130 (Tex. 2006)). Opponents argued that the current proportionate liability scheme established by chapter 33 of the Texas Civil Practices and Remedies Code should apply equally to all tort defendants, including alcohol providers (that is, all tort defendants should be treated the same insofar as statutory apportionment of liability is concerned).
The committee’s report and recommendations are expected to be issued before the start of the next legislative session. The committee also announced its plans to reconvene in the near future to hear testimony on the economic (and social) impact of recent tort reform legislation in Texas.
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Batter Up - AYLA Foundation Softball Tournament, Sign Up By This Friday
Knock one out of the park for a good cause. Join AYLA Foundation's 12th Annual Charity Softball Tournament:
Date: Saturday, June 21
Time: 8:00 a.m.
Location: Krieg Fields, 517 South Pleasant Valley Road
Proceeds from the tournament will benefit the AYLA Foundation.
Teams are open to Austin attorneys, legal professionals and staff, as well as their spouses and/or significant others. The entry fee is $300 per team. Register by Friday, June 6th. Contact Debbie Kelly at Debbie@austinbar.org for a registration form.
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LegalLine Needs Your Help, July 1
After more than a decade of absence, LegalLine has returned and is up and running. They need help on the phones to answer legal questions from the public. If you have experience in these areas, you’re needed!
- family law
- consumer law
- criminal
- estate planning/wills
- landlord/tenant
It is held the first Tuesday of every month between 5:30 and 7:30 p.m. in the Austin Bar Association office, 816 Congress Ave., Ste. 700.
Volunteers are needed starting Tuesday, July 1, and every first Tuesday thereafter.
It’s fun! Free eats! Share your expertise! Network with your colleagues!
Contact Jeannie Rollo to answer the call to help at Jeannie@austinbar.org or 472-1311.
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Mark Your Calendars! The Ultimate Trial Notebook Seminar Rescheduled, September 5
Second chances do not come around that often, but when they do you had better sit up and take notice. The Ultimate Trial Notebook Seminar has been rescheduled for Friday, September 5, meaning you can sign up for a great CLE that you almost missed.
Time: 8:30 a.m. to 4:15 p.m. with a Happy Hour directly following
Location: Austin Bar Association, 816 Congress Avenue, Suite 700
CLE: 5.5 hours including .5 hours of ethics
Cost:$125 for Civil Litigation Section Members, $150 for Austin Bar Association Members, and $175 for non-members
RSVP to Michelle McFadyen at (512) 472-0279 x111 or Michelle@austinbar.org.
Watch the Austin Bar Web site and Bar Code for more information as this event draws closer!
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Featured Corporate Sponsor: Washington Mutual
WaMu offers exclusive banking packages designed for legal professionals. Packages include special introductory interest rates on business lines of credit, 0.50 percent interest rate reduction on business real estate loans, free business online banking with Business Bill Pay service, and a WaMu Business Credit Card with 1 percent cash rewards. Visit www.wamu.com. For more information contact Marie Sanchez at 512/426-4499.
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Upcoming Meetings
SECTIONS:
Wednesday, June 4 - Labor & Employment Law Section Meeting
Thursday, June 5 - Environmental Law Section Meeting
Wednesday, June 10 - CAFA Section DVDs
COMMITTEES:
The following Austin Bar Committees are meeting at the Austin Bar office, 816 Congress, Suite 700.
Parking is available in the adjacent garage, accessible from 9th Street. Please feel free to attend any that interest you.
Since lunch is provided, please RSVP to receptionist@austinbar.org or call 472-0279 with your name and the name of the committee.
Thursday, June 12 - People’s Law School Committee Meeting
Thursday, June 12 - Women’s Resource Fair Committee Wrap-Up Meeting
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Proud corporate sponsors of the Austin Bar Association
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