Statutory interpretation

Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit.  Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of

The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine.

Under the absurdity doctrine a court will construe a statute by applying the plain meaning of the words used unless it would lead to absurd