Congratulations to Lana Beverly who won an appeal in front of Houston’s First Court of Appeals this week. The case involved a facility for young people with disabilities in which the Defendants filed a second Ch. 74 motion to dismiss claiming the case was a medical malpractice case and required an expert report. Given that this was the second time Defendants had asserted this argument, Lana successfully convinced the Court of Appeals that the law of the case, as determined the first time Defendants made this argument, controlled the case and did not allow a second attempt to claim that the case was a medical malpractice case. You can read Lana’s briefing here and read the opinion here.
