Since the Texas Supreme Court's 1988 Lunsford v. Morris decision, Plaintiffs claiming punitive damages have had the ability to obtain discovery about a Defendant's net worth. However, recent changes to the Texas Civil Practice and Remedies Code ("the Code") have made...
Month: March 2016
To Object or Not to Object: Withholding Privileged Materials under Rule 193.3(c)
When a party to a lawsuit receives a discovery request, the receiving party usually responds by (1) producing the requested material, (2) objecting to the discovery request based on some legal or factual grounds, or (3) asserting that the material is privileged and...
Dawdle at Your Own Risk: 18.001 Affidavits May Pose Problematic Time Constraints for Defendants
Section 18.001 of the Texas Civil Practice & Remedies Code is an evidentiary statute that provides Plaintiffs in personal injury lawsuits an alternative to bringing experts to testify at trial as to the reasonableness and necessity of the medical services...