News & Analysis as of July 30, 2025

Rules of Civil Procedure

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Shotgun Pleadings Lead to Holes Allowing for Dismissal

Weber Gallagher Simpson Stapleton Fires &... on 7/28/2025

As defense counsel, not only do we have an obligation to evaluate plaintiffs’ complaints to develop affirmative defenses and form defense strategy, but we must also assess the viability of the claims on their face. In a...more

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/11/2019

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Texas Rule of Civil Procedure 91a Prevalence and Practicality Two Years Later

McGuireWoods LLP on 4/29/2015

For many years, a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) has provided an effective tool for dismissing baseless claims early in the litigation process. The Texas Rules of Civil Procedure did...more

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Defense Strategies › Motion to Dismiss › Rules of Civil Procedure

Shotgun Pleadings Lead to Holes Allowing for Dismissal

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

Texas Rule of Civil Procedure 91a Prevalence and Practicality Two Years Later

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