More Proof Of Texas Courts' Split On Certificate Of Merit

Law360, New York (October 24, 2013, 5:13 PM EDT) -- In suits arising from the provision of professional services, the certificate of merit provides a “basis for the trial court to conclude that the plaintiff’s claims are not frivolous.” See, e.g., Dunham Engineering Inc. v. The Sherwin-Williams Co., --- S.W.3d ---, at *9 (Tex. App. — Houston [14th Dist.] 2013, no pet. h.).

The certificate of merit is an affidavit by a third-party licensed professional. See generally, Tex. Civ. Prac. & Rem. Code. at §§ 150.001, — 002 (“Chapter 150”).[1] The current version of the Texas...
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