Doran v. Compton

SAM D. JOHNSON, Circuit Judge:

This interlocutory appeal raises questions of the applicability and validity of former Tex.Ins.Code Ann. art. 5.82, § 4 (effective June 3,1975 and originally scheduled to expire December 31, 1977), a two-year statute of limitations for certain medical malpractice claims, with respect to a cause of action that accrued prior to the effective date of the statute. We hold that the statute does not retroactively apply to causes of action that accrued prior to the enactment of the statute and that were not then time-barred. Consequently, the district court’s denial of…