The Dallas Court of Appeals recently issued an opinion limiting the discoverability of an expert’s finances. In this personal injury case, the defendant hired an expert employed by a firm that derived ninety percent of its revenues “from the defense side of the docket.” Armed with this information, the plaintiff sought financial information regarding the
expert
Fair Market Value of Real Property Did Not Include Revenue Generated From Billboard Sign
The Texas Supreme Court recently reviewed an eminent domain, State v. Central Expressway Sign Associates, where the trial court excluded the state’s expert report on the fair market value of real property because he failed to account for the revenue generated by the use of the property.
Specifically, the State of Texas condemned a 3,950-square foot parcel of…
Spin Doctor: The Continuing Contract Doctrine?
Ever heard of the continuing contract doctrine? It’s the sister of the continuing tort doctrine. Both operate as an exception to the statute of limitations that allows a claimant to recover for contract breaches that occur after the accrual date.
But can the continuing contract doctrine apply to contracts other than an installment contract?
This issue was before…
Nonsuit Does Not Restart 120-day Deadline Under Chapter 74
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…