While there are stacks of Texas appellate court opinions concerning challenges to the adequacy of expert reports in medical malpractice cases, there aren’t many that address what happens when the dispute is between the experts themselves.

In Re Kenneth Higby, an August 13 opinion from Houston’s 1st Court of Appeals, is such an opinion. And the decision involves a defamation lawsuit between two doctors who gave opposing expert reports in a medical malpractice case.