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One year ago last month, Texas passed a much-talked-about “loser pays” bill. In certain cases, the law requires the losing party to pay the costs of the winning party. Theoretically, a loser pays law is thought to reduce litigation, as the plaintiff in a law suit now has something at stake – if he does not prevail, he must, under certain conditions, pay the costs of the defendant. In this previously recorded podcast, our experts discussed the Texas law, its breadth, its conditions for applicability, and its effect on lawsuits in Texas.


  • Prof. Ronen Avraham, University of Texas School of Law
  • Mr. E. Lee Parsley, E. Lee Parsley, P.C.
  • Mr. Walter Olson, Cato Institute
  • Moderator: Hon. Dennis Jacobs, U.S. Court of Appeals, Second Circuit
  • Introduction: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society

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