More than a decade after the passage of the controversial 2003 tort reform law, litigants are still struggling over how to properly invoke the so-called loser pays provision, as shown by a recent Texas Supreme Court decision.
Texas Rule of Civil Procedure 167 was part of the omnibus 2003 H.B. 4 tort reform law passed by the Texas Legislature that authorizes a party to recover litigation costs if an opponent rejects a settlement offer and recovers less money at trial.
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