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Dismissal With Prejudice Affidavits

Marshall Dennehey

An Affidavit of Merit Is Inappropriate if It Fails to Identify Any Individual Person(s) Who Were Negligent.

Marshall Dennehey on

Hargett v. Hamilton Park OPCO, LLC, et al., No. A-2036-22, 2023 WL 8533057 (N.J. App. Div. Dec. 11, 2023) (approved for publication) - The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide...more

Bradley Arant Boult Cummings LLP

Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading

On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit...more

Kilpatrick

Certificate of Merit – 2017 in Review: Part I: Dismissal With or Without Prejudice?

Kilpatrick on

Section 150.002 of the Civil Practices and Remedies Code, entitled “Certificate of Merit,” requires a plaintiff to file an expert affidavit in a lawsuit or arbitration “for damages arising out of the provision of professional...more

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