Burns v. Thomas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allocating that summary judgment burden to defendant on a judicially created applicable discovery rule for legal malprac- tice as well as the DTPA codified version
• the legislature wrote the discovery rule into the DTPA
• “A defendant seeking summary judgment on the basis of limitations must . . . negate the discovery rule by proving as a matter of law that there is no genuine issue of fact about when the plaintiff discovered or should have discovered the nature of the injury.”
• applying rule in DTPA case

Source: CourtListener parenthetical corpus (CC0).