News & Publications

In Lake Jackson Med. Spa, Ltd. v. Gaytan, No. 20-0802, 65 Tex. Sup. Ct. J. 512, 2022 Tex. LEXIS 197 (Feb. 25, 2022), the Texas Supreme Court clarified a plaintiff's expert report obligations, under Chapter 74 of the Texas Civil Practice and Remedies Code, in relation to an amended petition. Under the Texas Medical Liability Act, a claimant who asserts a healthcare liability claim against a physician or a healthcare provider must serve on each defendant [...]

On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was excluded from coverage under later-issued policies. First Solar, Inc. v. Natl. Union Fire Ins. Co., C.A. No. 217, 2021 (Del. Mar. 16, 2022). In doing so, the Delaware Supreme Court rejected the "fundamentally identical" relatedness standard applied by the [...]

Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court. Among other things, the statute expands federal courts' diversity jurisdiction to cases where at least one proposed class member is a citizen of a state different than at least one defendant, as long as the amount in controversy exceeds $5 million. But CAFA includes a number of mandatory and discretionary exceptions [...]