Texas House Bill HB4097

Texas 2009 - 81st Regular

• Out of House Committee: 5/5/09

Caption

Relating to transfer of cases by the judicial panel on multidistrict litigation.

Impact

The impact of HB 4097 is significant in the realm of civil litigation in Texas. By allowing the judicial panel on multidistrict litigation the authority to transfer cases, the bill seeks to alleviate the burden on courts and enable a more expedient legal process. It specifically aims to improve the handling of cases with shared factual issues, fostering an environment where justice can be served with greater effectiveness and reducing potential delays that often plague the legal system.

Summary

House Bill 4097 proposes amendments to the Government Code concerning the transfer of civil actions by the judicial panel on multidistrict litigation. The bill permits this judicial panel to consolidate cases involving common questions of fact across different types of courts, streamlining pretrial proceedings such as summary judgments and dispositive motions. This legislation aims to enhance the efficiency and convenience in handling complex civil litigation cases that may span multiple jurisdictions.

Contention

Notably, potential areas of contention surrounding HB 4097 could stem from concerns over judicial authority and the implications for litigants. While proponents argue that the bill will create a more efficient legal process, opponents may raise issues regarding the fairness of transferring cases across jurisdictions, especially if parties are concerned about favorable venues. The nuances of how cases will be managed and the perceived impact on individual litigants’ rights could lead to significant debate as the bill progresses through the legislative process.