Minton v. Gunn
Texas Supreme Court
1Dissent
Justice GUZMAN, joined by Justice MEDINA and Justice WILLETT,
dissenting.
Our system of justice has a “deep-rooted historic tradition that everyone should have his own day in court,” Martin v. Wilks, 490 U.S. 755, 762, 109 S.Ct. 2180, 104 L.Ed.2d 835 (1989) (quotation marks omitted), but there is no right to a second day in a different court. By adopting the approach of the Federal Circuit instead of the United States Supreme Court, the Court allows a defeated litigant to undeservedly hit the “reset” button on his failed legal malpractice case. The defendants, having won on the merits in state…
2Cases cited23 opinions
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
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