No-Evidence MSJ Need Only Reference Challenged Element
The Texarkana Court of Appeals held that a no-evidence motion for summary judgment need only identify the challenged element in order to comply with Rule 166a(i). Plaintiff argued that the motion must list all of the elements and identify the challenged element(s). The court of appeals disagreed and held the motion sufficient if it "merely reference[s] the element on which there is no evidence," in this case cause-in-fact. The opinion in Driskill v. Ford Motor Co. can be found at this link.
