Law360 Guest Article: Texas Courts Split On Certificate Of Merit


Aided by multiple revisions, the Texas Certificate of Merit Statute has accumulated a rich jurisprudence since its first version was enacted in 2003. Tex. Civ. Prac. & Rem. Code Ch. 150. Courts now decide most cases in terms of the 2009 version of the statute. But many cases decided on basis of the prior 2005 statute remain good law.

Conflicting case law has developed regarding the question of whether the statute requires the certificate of merit to state a standard of care. The Austin appeals court recently noted that its sister courts in Houston and Dallas declined to follow the Beaumont appeals court, which held that “‘the certificate of merit must necessarily address the applicable standard of care and the defendant’s failure to meet the standard.’” But a close review of the cases suggests that the split might not be what it seems.

Excerpted from Law360, October 22, 2013. To read the full article, click on the PDF linked below.

Law360 Guest Article Texas Courts Split On Certificate Of Merit.pdf

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