2015•ThinkTech (Texas Tech University)Open access

Emerging Issues in Texas Dismissal Practice: Pleading Standards and Important Miscellany

Dustin B. Benham

Abstract

This essay addresses the pleading-standard question and other emerging issues in Texas motion-to-dismiss practice. First, there is an examination of emerging questions regarding how Texas dismissal and pleading practices compare with federal plausibility pleading. Next, there is a survey of a few 91a cases that court and lawyers should note as they proceed through the dismissal process in state court.

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Key concepts: Pleading, Dismissal, Federal Rules of Civil Procedure, Political science, Law, Civil procedure, Summary judgment, Supreme court