Texas Senate Bill SB1942

Texas 2015 - 84th Regular

Caption

Relating to the doctrine of forum non conveniens.

Impact

The enactment of SB1942 specifically impacts the legal landscape surrounding civil litigation in Texas. By reinforcing the priority of a legal resident's choice of forum, the bill effectively curtails the potential for non-resident defendants to transfer cases to jurisdictions perceived as more favorable. This shift is anticipated to bolster confidence among Texas residents in the state judiciary's commitment to local rights, potentially leading to an increase in personal injury and wrongful death claims being heard within the state courts. Moreover, it signifies a legislative intent to secure access to justice for residents against venues that may not adequately represent their interests.

Summary

SB1942, concerning the doctrine of forum non conveniens, amends several sections of the Texas Civil Practice and Remedies Code. This bill governs the circumstances under which a court may dismiss a case based on forum non conveniens, emphasizing the importance of a plaintiff's choice of forum. Notably, the bill accords substantial deference to the legal residents of Texas, ensuring that their choice of state court is respected, provided there is a significant connection to the state. This change aims to enhance local residents' ability to seek justice in their home courts, which was previously at risk of dismissal under certain conditions.

Contention

While the intention behind SB1942 appears supportive of maintaining local jurisdiction, there may be notable points of contention, especially among legal practitioners and out-of-state entities involved in litigation. Critics could argue that the bill may inadvertently create an imbalance favoring plaintiffs who are legal residents, potentially leading to defensive strategies designed to counteract perceived advantages in local courts. Additionally, concerns may arise regarding the precise definitions laid out in the bill, particularly around the concept of 'legal residency,' which could lead to further legal interpretations and disputes in future cases.