Insight & Commentary on Texas Appellate Law
A party seeking summary judgment must raise all its grounds in the motion itself; raising a ground for summary judgment at the summary judgment hearing will not support the summary judgment if the judgment is attacked on appeal.
In Ritchey v. Pinnell, Brenda Ritchey brought suit against Steven and Amy Pinnell after Ritchey…
The Corpus Christi Court of Appeals recently held that the learned intermediary doctrine does not apply to a drug manufacturer that advertises its products to consumers. In doing so, the court affirmed the plaintiff’s multi-million dollar judgment against the drug manufacturer.
The court’s opinion is rather lengthy and traces the origins of the learned intermediary doctrine…
In Aquaplex, Inc. v. Rancho La Valencia, Inc., the Texas Supreme Court appears to have equated intent with causation in a fraud case. Aquaplex sued Rancho for fraud. Aquaplex asserted that it lost the sale of a piece of real property due to Rancho having filed a lis pendens on the property. On appeal…
The United States Court of Appeals for the Fifth Circuit has reiterated the pleading standards applicable in federal court for securities fraud and for common-law fraud in Flaherty & Crimrine Preferred Income Fund Inc. v. TXU Corp.
Federal Rule of Civil Procedure 9(b) requires a pleader to state with particularity the circumstances constituting fraud or…
