The San Antonio Court of Appeals recently held that the two-year statute of limitations for health care liability claims in section 74.251 of the Civil Practice and Remedies Code cannot be extended by any other law, including section 33.004(e). The Court focused on the unambiguous language of section 74.251 that the two-year statute applies "notwithstanding
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Nonsuit Does Not Restart 120-day Deadline Under Chapter 74
By Byron Henry on
Posted in Opinions & Judgments
The Houston (First) Court of Appeals held that a plaintiff cannot restart the clock on the 120-day deadline to serve an expert report pursuant to Chapter 74. The plaintiff nonsuited its case prior to the expiration of the deadline. The plaintiff refiled the suit and filed an expert report within 120-days of the new filing. Relying on a prior…
En Banc San Antonio Court of Appeals Affirms Chapter 10 Sanction
By Byron Henry on
Posted in Opinions & Judgments
A divided en banc Fourth Court of Appeals held that a court may award sanctions for both expenses and attorney’s fees as well as for inconvenience and harassment and order them paid to the moving party. Applying the Texas Supreme Court’s recent opinion in Low v. Henry, the majority held the trial court had broad…