It’s an issue that’s split appellate courts.
When defendants in Texas courts move to dismiss a lawsuit, claiming it has no basis in law or fact, are they allowed to raise affirmative defenses such as the statute of limitations or attorney immunity?
When considering Rule 91a motions to dismiss, which dismiss claims with no basis in law or fact, some intermediate appellate courts have ruled that they are allowed to consider affirmative defenses. Other courts have ruled the opposite. The Texas Supreme Court will decide the split in this case.
November 04, 2019 at 03:00 PM
1 minute read
It’s an issue that’s split appellate courts.
When defendants in Texas courts move to dismiss a lawsuit, claiming it has no basis in law or fact, are they allowed to raise affirmative defenses such as the statute of limitations or attorney immunity?
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