Texas Courts Split On Certificate Of Merit

Law360, New York (October 18, 2013, 5:36 PM EDT) -- Aided by multiple revisions, the Texas Certificate of Merit Statute has accumulated a rich jurisprudence since its first version was enacted in 2003. Tex. Civ. Prac. & Rem. Code Ch. 150. Courts now decide most cases in terms of the 2009 version of the statute. But many cases decided on basis of the prior 2005 statute remain good law.

Conflicting case law has developed regarding the question of whether the statute requires the certificate of merit to state a standard of care.[1] The Austin appeals court...
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