Texas, like many other states, enacted legislation to curb meritless lawsuits whose purpose lies solely in chilling a person’s right to free speech and/or to petition his or her government. Under Texas’ Anti-SLAPP (Strategic Litigation Against Public Participation) law, a party may file a motion to dismiss a legal action which is “based on, relates
Daniel Correa
DOES A DEPOSITION ON WRITTEN QUESTIONS IN LIEU OF AN AFFIDAVIT CONCERNING COST & NECESSITY OF SERVICES SATISFY TEXAS CIVIL PRACTICE & REMEDIES CODE §18.001?
By Daniel Correa on
If you are defense counsel in a personal injury suit, you may be accustomed to receiving an affidavit concerning cost and necessity of services from plaintiff’s counsel immediately or shortly following your answer to the suit. In many cases you may not know whether the case warrants hiring an expert to controvert the affidavit within…
The Texas Supreme Court Adopts a “Factual Plausibility” Pleading Standard
By Daniel Correa on
Did the Texas Supreme Court substitute fair notice pleading for well-pleaded complaints? Texas Rule of Civil Procedure 91a was adopted in 2013, and provides a “no reasonable person could believe” standard. Until recently, whether “no reasonable person could believe” meant “plausibility” remained an unanswered question. In City of Dallas v. Sanchez, No. 15-0094 (July 1,…