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Congratulations to DP&S partners Dana Levy and Kirk Pittard on back-to-back wins in the Texas Supreme Court!
On May 6, 2022, Dana successfully reversed a court of appeals’ opinion that the plaintiff’s expert report failed to satisfy Chapter 74 of the Texas Civil Practice and Remedies Code. In E.D. v. Tex. Health Care, P.L.L.C., No. 20-0657, — S.W.3d —, 2022 WL 1434658 (Tex. May 6, 2022), the Texas Supreme Court held that the expert report was sufficient, confirming that Chapter 74’s “‘fair summary’ benchmark is not an evidentiary standard.” You can read a Law360 article about Dana’s case here.
The following week, Kirk Pittard successfully reversed a court of appeals’ opinion dismissing an appeal on jurisdiction grounds. In Mitschke v. Borromeo, No. 21-0326, — S.W.3d —, 2022 WL 1510317 (Tex. May 13, 2022), the Texas Supreme Court overruled Philbrook v. Berry, 683 S.W.2d 378 (Tex. 1985), and clarified that (1) a motion for new trial filed in the original cause is sufficient to extend the appellate deadlines in a severed, final judgment, and (2) the application of stare decisis generally and in cases transferred from one court of appeals to another. You can read a Law360 article about Kirk’s case here.