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Tammy Holt Argues at The Texas Supreme Court!
Lance Barclay Lance Barclay

Tammy Holt Argues at The Texas Supreme Court!

Tammy Holt, of our Dallas office, argued at the Texas Supreme Court on November 29, 2023. At issue in this case is whether diligence in service of process is a “statutory prerequisite to suit” for claims brought under the Tort Claims Act.

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Lance Barclay Lance Barclay

Tammy Holt wins medical expense discovery fight in the 13th Court of Appeals!

Congratulations to Tammy Holt who successfully defeated a Mandamus Petition filed by a Defendant claiming that In re North Cypress entitled him to broad medical expense discovery and claiming that the doctor’s objections should  be overruled because (1) he sought the amounts actually reflected as payment in full on the doctors’ books (as opposed to seeking insurance reimbursement rates), and (2) the parties subpoenaed were experts because they were testifying regarding future medical expenses.  In denying the petition, the court held that In Re North Cypress was “readily distinguishable” did not allow discovery “of the fees charged and accepted from other patients for the same medical services that were provided or recommended to the plaintiff.” 

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Lance Barclay Lance Barclay

Tammy Holt wins rehearing motion in the Dallas Court of Appeals!

Congratulations to Tammy Holt, who–on a motion for rehearing–convinced a panel of the Dallas Court of Appeals to reverse itself and award Plaintiffs the total damages ($1,070,050) awarded by jury, rather than a drastically reduced amount ($200,000) based on the amount originally pled.  Rejecting its original position that the Plaintiffs’ attempt to amend its petition to be consistent with the jury’s verdict was an impermissible attempt to amend the pleadings “post-judgment,”  the court of appeals adopted “the more reasonable view” that, because Plaintiffs sought leave to amend their petition before the Amended Final Judgment was signed, the amended pleading was timely. 

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Lance Barclay Lance Barclay

Tammy Holt wins in the San Antonio Court of Appeals!

Congratulations to Tammy Holt and trial counsel, Rey Perez, who won an appeal in the San Antonio Court of Appeals this week. The interlocutory appeal was filed by a private entity who contracted with a governmental entity to manage a nursing home. Claiming derivative sovereign immunity, the private entity tried to claim that it could not be sued because, by contracting with the government, it was entitled to the same immunity from suit the government enjoys. The trial court declined to dismiss the case…

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Lance Barclay Lance Barclay

Tammy Holt gets dog bite summary judgment reversed by the San Antonio Court of Appeals!

Congratulations to Tammy Holt who successfully reversed a summary judgment granted against the plaintiff in a dog bite case! Tammy successfully convinced the court of appeals that the plaintiff’s claims of strict liability, negligent handling, and gross negligence were supported by deposition testimony that dog was “leery” around strangers, prone to nip at heels, and that owners considered putting the dog away when plaintiff visited, but decided not to.

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