Lian Skaf | White and Williams The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While… Continue reading Texas Allows Wide Scope for Certificate of Merit
Tag: Certificate of Merit
“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
Rahul Gogineni | The Subrogation Strategist In Barrett v. Berry Contr. L.P., No. 13-18-00498-CV, 2019 Tex. LEXIS 8811, the Thirteenth District Court of Appeals of Texas considered, among other things, the procedural timing requirements of filing a certificate of merit in conjunction with a complaint. The court concluded that the proper reading of the statute requires… Continue reading “Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
Update on Certificate of Merit Requirement: Dismissal With or Without Prejudice
Nicholas J. Nieto | Kilpatrick Townsend & Stockton | March 18, 2019 In a lawsuit “for damages arising out of the provision of professional services by licensed or registered professional,” the Texas Civil Practices and Remedies Code requires a plaintiff to file with the complaint an expert affidavit supporting each theory of recovery. Tex. Civ.… Continue reading Update on Certificate of Merit Requirement: Dismissal With or Without Prejudice
Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court
Pierre Grosdidier and Ryan Gardner | Haynes and Boone LLP | November 12, 2018 Under Texas law, a plaintiff must file a certificate of merit in any action for damages arising out of the provision of professional services. A certificate of merit is an affidavit from a third-party professional who is knowledgeable about the defendant’s… Continue reading Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court
Certificate Of Merit Not Required In Litigation Seeking Damages Where No Licensed Or Registered Professionals Identified
Anthony B. Cavender | Gravel2Gavel | December 13, 2017 In the case of CH2M Hill Engineers, Inc. v. Springer, et al., the Court of Appeals of Texas, Ninth District, sitting in Beaumont, decided an interlocutory appeals brought by the Appellant CH2M Hill Engineers, Inc. The Court of Appeals concluded that the “trial court did not abuse… Continue reading Certificate Of Merit Not Required In Litigation Seeking Damages Where No Licensed Or Registered Professionals Identified