As discussed in our previous multi-part blog series, § 18.001 affidavits are a valuable tool in a Plaintiffs arsenal. A proper § 18.001 affidavit, in the absence of a proper controverting affidavit, is sufficient evidence to support a finding of fact by the jury that...
This week the Texas Supreme Court issued no opinions or grants. Please check back with us next week for a new update!
Last week the Texas Supreme Court issued one opinion and five grants. The sole opinion and two of the five grants are of particular interest. In City of Magnolia 4A Economic Development Corp. and City of Magnolia 4B Economic Development Corp. v. David Smedley the...
Recently, our Firm tried a case where the Plaintiff alleged a traumatic brain injury. The Plaintiff's attorney on the other side (very competent) had a sympathetic witness, and a well-known expert to say that the Plaintiff had a traumatic brain injury. Likewise, our...
This week the Supreme Court of Texas issued a single opinion and zero grants. The Court’s opinion this week addresses the authority of a Title IV-D child support-enforcement judge to make modifications to the conservatorship and child support obligations under an...
Faced with a claim in which a Plaintiff claims to have slipped or fallen on your premises? If so, the Plaintiff will face several legal hurdles before being able to assert a valid cause of action.Generally, a cause of action for premises liability requires that the...
The Texas Supreme Court issued no opinions this week, but it has issued a grant in order to address a certified question from the 11th Circuit. Specifically, in Ann Marie Bergin v. Mentor Worldwide LLC, et al., the Court will determine whether, in a products liability...
Last week, the Supreme Court of Texas issued 3 opinions, one corrected opinion, and no grants. All three of the new opinions are of particular interest. First, Marcela and Jose Bustamante v. Enrique N. Ponte, M.D. et al. is a medical-malpractice case out of Dallas...
Generally, in Texas, a party to a lawsuit may request and obtain discovery about anything so long as the information or documents sought are (1) relevant and (2) not privileged. See TRCP 192.3(a). Importantly, the party from which the information or documents is...
Last week the Texas Supreme Court issued 6 grants, but no opinions. Interestingly, in one of these grants, the Court will address the doctrine of forum non conveniens in the context of the Texas Wrongful Death Statute. The case, In re Mahindra USA Inc., is out of...
