There are other similarities and differences that you should consider prior to filing suit. For further information, see "Venue in Justice Court Suits." JURISDICTION In Texas, a Justice Court Suit , interest included.THE TEXAS STATUTES The Texas Statutes are available on-line at: VENUE In Texas, a suit should be filed in the County and Precinct where one or more Defendants reside. For more information please read "Comparison of Justice Court and Small Claims Court" below. 2002), the Supreme Court of Texas spelled out the expert report requirements contained in the predecessor to § 74.351, which was Tex. Defendant hospital appealed, complaining of the finding that the reports were adequate as to causation. Therefore, while the Act requires a claimant to file a timely and adequate expert report as to each defendant in a health care liability claim, it does not require an expert report as to each liability theory alleged against that defendant. W.3d at 45, citing Facts Plaintiffs filed suit against CHCA on April 2, 2009, seeking damages for their child’s birth injury.The following information is not offered as legal advice, but is offered as general information only. Just over two years thereafter, they filed a new lawsuit against CHCA and other providers.
(b) If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney’s fees and costs of court incurred by the physician or health care provider; and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim. 74.351(a), plaintiffs› counsel sent an expert report and CV by certified mail to the defendant at five different locations.Because we don’t get paid until you get paid, we fight hard to win your case. This paper aims to highlight significant recent decisions from the Supreme Court of Texas and various Courts of Appeal (several of which are presently in the petition-for-review mill) that have broadened, clarified or muddled the principles of medical tort law. A court shall grant a motion challenging the adequacy of an expert report only if it appears to the court, after hearing, that the report does not represent an objective good faith effort to comply with the definition of an expert report in subsection (r)(6). [Section 74.351(a) was amended effective September 1, 2013 to provide that the 120-day deadline begins on the date each defendant’s original answer is filed, rather than the date of filing of the original petition]. CHCA objected to the report as untimely, alleging that plaintiffs should have served their report within 120 days after filing their original petition in the first lawsuit. That same day, they served CHCA with an expert report.Two New Jersey lawyers cannot avoid disciplinary charges arising from their use of a paralegal to friend a represented opposing party on Facebook, the state supreme court ruled recently.We’ve written before about the perils of using Facebook to obtain information about opposing parties or to communicate with them.This latest example involves a twist of particular interest to legal ethics wonks like me, because it also spotlights the issue of how disciplinary power is allocated between local and state ethics regulators. ” The two lawyers represented governmental defendants against the claims of a plaintiff injured after being hit by a police car.The lawyers directed their paralegal to search the Internet to obtain information about the plaintiff, and in response, she accessed his Facebook page. Our experienced personal injury attorneys will advocate your case aggressively to accomplish the best outcome as possible. Oftentimes, people may feel reluctant to seek representation, but our lawyers will help you with the entire process, and make you feel comfortable without any pressure. • Prepare Pre-Trial Agreements, Stipulated Documents, and get files ready for hearings, subpoena witnesses, etc. • 3 years of legal experience preferably in WC or litigation environment. • Ability to write well and in an analytical manner and ability to persuade. De Mayo have represented more than 42,000 clients and have over 150 years of combined legal experience handling personal injury claims. Our firm has at all times been committed to equal opportunity employment since the firm’s formation in 1992.