Legal Opinion

Bramlett v. Medical Protective Co.

District Court, N.D. Texas

Decided March 5, 2012No. Civil Action No. 3:10-CV-2048-DPublishedCited by 108 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendants’ motion to dismiss requires the court to interpret and apply the Texas Supreme Court’s decision in Phillips v. Bramlett, 288 S.W.3d 876 (Tex.2009) (“Phillips II ”). Although Phillips II construed § 11.02(c) of the now-repealed Medical Liability and Insurance Improvement Act of 1977 (“MLIIA”), Tex.Rev.Civ. Stat. Ann. art. 4590i (repealed Sept. 1, 2003),1 *616and decided a question that appears unlikely to recur due to a statutory change, the correct interpretation of Phillips II is of considerable significance to the parties…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  4. G. A. Stowers Furniture Co. v. American Indemnity Co.Texas Supreme Court · 1929
  5. In Re Fema Trailer Formaldehyde Products Liability LitigationCourt of Appeals for the Fifth Circuit · 2012

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3Cited by108 opinions

  1. Medical Protective Company of v. American International SpeciaCourt of Appeals for the Seventh Circuit · 2021
  2. Valdez v. Celerity Logistics, Inc.District Court, N.D. Texas · 2014
  3. Mercado v. Dallas CountyDistrict Court, N.D. Texas · 2017
  4. Shah v. University of Texas Southwestern Medical SchoolDistrict Court, N.D. Texas · 2015
  5. Marcus Hernandez and Diane Hernandez v. Truck Insurance Exchange and Team Health, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2018

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