'Regrettable' Effect Of Rule 11 In Dow Corning Case

Law360, New York (September 24, 2013, 12:08 PM EDT) -- By its terms, Rule 11 of the Texas Rules of Civil Procedure precludes enforcement of verbal settlement agreements in Texas.[1]

The U.S. Court of Appeals for the Sixth Circuit recently addressed Rule 11 in the context of adjudicating certain proofs of claims in the case of Dow Corning Corp. v. Caffrey (In re Dow Corning Corp.).[2] In doing so, the Sixth Circuit demonstrates that Rule 11 is a substantive law of Texas — notwithstanding its procedural designation — that can affect parties’ property rights in a...
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