This week the Texas Supreme Court issued no opinions and six grants. This blog discusses two of those grants. First, in In re USAA General Indemnity Co., out of the Corpus Christi-Edinburg Court of Appeals, the Court is set to hear oral arguments on March 24, 2021....
Month: February 2021
What is the Current Burden of Proof for Recovering Future Medical Expenses?
For years, Plaintiffs seeking to recover future medical expenses have had to show a "reasonable probability" that medical expenses will be incurred in the future. See Sanmina-SCI Corp. v. Ogburn, 153 S.W.3d 639, 642 (Tex. App.—Dallas 2004, pet. denied). This included...
Application of §18.001 Affidavits in Federal Court
Section 18.001 of the Texas Civil Practice and Remedies Code governs affidavits and counter-affidavits regarding the reasonableness and necessity of medical services. While §18.001 is characterized as procedural in Texas state courts, Federal Courts in Texas are...