Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Roberts

Because a 30-day extension to cure deficiencies in expert reports does not substantially prolong litigation or allow for extensive discovery, the court of appeals erred in issuing mandamus relief to deny the extension. Texas Supreme Court, No. 05-0362.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ON PETITION FOR WRIT OF MANDAMUS

JUSTICE JOHNSON did not participate in the decision.

We recently held in In re McAllen Medical Center that the expert reports required by former article 4590i were “intended to preclude extensive discovery and prolonged litigation in frivolous cases,” and that appeal was not an adequate remedy when a trial court’s refusal to enforce the statute would frustrate that intent. ___ S.W.3d ___, ___ (Tex. 2008). In McAllen, the trial court had refused to rule on objections to expert reports for four years, and then finally denied them altogether. By contrast, the defendant health care providers here complain only that the trial court erred in granting the plaintiffs a 30-day grace period to amend their expert reports. Because a 30-day extension – even if unjustified – does not substantially prolong litigation or allow for extensive discovery, we hold the court of appeals erred in issuing mandamus relief.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
GlobeSt. Multifamily Spring 2025
April 01, 2025
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Go to Events Go to Webcasts
(EXCLUSIVE) CORPORATE COUNSEL/CORPORATE GENERALIST WANTED FOR INTERNATIONAL TRANSPORTATION AND LOGISTICS COMPANY (Atlanta, GA)

Our client, a global transportation, and logistics organization, has engaged us to identify a Corporate Counsel/Corporate Generalist for the...


Apply Now ›
CORPORATE ATTORNEY

McCarter & English, LLP is actively seeking a corporate associate for its office located in Boston, MA. Candidate must have 2 - 5 years ...


Apply Now ›
(NEW) BUSINESS TRANSACTIONS/TAX ASSOCIATE WANTED FOR AMLAW 200 FIRM LLM IN TAX REQUIRED (Tampa, FL)

Our close client, an AmLaw 200 Firm, has asked our office to assist them in finding a business transactions/tax associate with 2+ years of e...


Apply Now ›
Go to Lawjobs