Jaster v. Comet II Constr., Inc.

At issue in this case was whether the statutory requirement that a plaintiff in any action for damages arising out of the provision of professional services by a licensed or registered professional file a supporting expert affidavit with the complaint applies to a defendant or third-party defendant who files a third-party claim or cross-claim against a licensed or registered professional. In the underlying complaint, the court of appeals concluded that chapter 150 of the Texas Civil Practice and Remedies Code does not require third-party plaintiffs or cross-claimants to file a certificate of merit. The Supreme Court affirmed, holding that the certificate-of-merit requirement in chapter 150 does not apply to a defendant or third-party defendant who asserts claims against a licensed or registered professional because they are not the “plaintiff” in such cases. View "Jaster v. Comet II Constr., Inc." on Justia Law