This week the Texas Supreme Court has issued 10 opinions. These opinions address a range of issues including the scope of governmental immunity in a medical-malpractice claim and the constitutionality of exemplary damages awarded in a malicious-prosecution claim. The...
Month: April 2017
Independent Medical Examinations: The Pros and Cons for the Defense
Requests for physical or mental examinations of an opposing party are governed by Rule 204.1 of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 204.1. To be entitled to an examination, a movant must demonstrate that (1) good cause exists for the examination...
Back to Basics: Requests for Admission–Part 2
In Back to Basics: Requests for Admission-Part I, we examined the proper scope of Requests for Admission ("RFAs") under Texas Rule of Civil Procedure, 198.1, which allows a party "to serve on another party ... written requests that the other party admit the truth of...
Texas Supreme Court Weekly Update April 10, 2017
This past week the Texas Supreme Court issued 3 opinions, but no grants. One of the opinions is of particular interest. In the USAA Texas Lloyds Co. v. Gail Menchaca case, the Court addressed whether an insured can recover policy benefits as actual damages caused by...