Although previous enactment of a comparative fault statute 8 had ameliorated some of the worst aspects of the common law scheme of joint and several liability for tort damages, it still remained possible under Texas law that the least and only marginally culpable actor among many defendants could be forced to pay the full amount of a plaintiff's damages plainly caused by those other defendants. Tort reform advocates therefore sought and achieved further limitations on the exposure of defendants who were not primarily responsible for the damages incurred by the plaintiff. 9 has metastasized far beyond its original intended purpose, which was to provide remedies for individual consumers who face disadvantageous bargaining positions in individual consumer business transactions. Virtually all small business trade associations were unanimous in the belief that coverage of DTPA should be scaled back to reflect more accurately that original purpose. The legislature answered their call.
Further reform is likely to be pursued by specific business groups.
Frivolous Lawsuits Almost all small business groups were also concerned about the frequency with which patently frivolous claims were pursued in Texas courts for their nuisance value or other improper purposes. The perceived solution for this problem was to strengthen the court procedures for sanctioning the pursuit of meritless claims. This solution was implemented. Recently, the United States Supreme Court issued a decision interpreting the expert opinion rules of the Federal Rules of Evidence in this context. 11 Tort reform advocates focused on this issue, but have refrained from pushing legislative solutions because revision of evidence rules normally falls within the province of the Texas Supreme Court.