Mendoza v. Murphy

EDITH H. JONES, Chief Judge:

Plaintiffs Rick and Irene Mendoza appeal the district court’s decisions to retain supplemental jurisdiction over their state law claims against Defendants Dr. Alicia Murphy and Dr. Mariano Alen and grant summary judgment based on the Texas statute of limitations, which is not here superseded by the state’s constitutional open courts doctrine. Tex.Rev.Civ. Stat. Ann. art. 4590i, § 10.01, recodified at Tex. Civ. PRAC. & Rem.Code ANN. § 74.251. We affirm.

BACKGROUND

Rick Mendoza’s bladder was surgically removed in 2001 after Defendants diagnosed his bladder cancer as…