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  • San Antonio Court of Appeals Reverses Grant of Rule 91 Motion to . . .
    A decision hot off the presses from the San Antonio Court of Appeals offers a glimpse of how Rule 91a jurisprudence is developing Minor v Diverse Facility Solutions, Inc (No 04-20-00526-CV) arose from an adverse employment action claim brought by an employee against his employer
  • THE NUTS AND BOLTS OF DISPOSITIVE MOTIONS
    91A motions are roughly analogous to Federal Rule 12(b)(6) motions I TEXAS PLEAS TO THE JURISDICTION A Introduction A plea to the jurisdiction challenges a court’s subject matter jurisdiction to hear a case 1 Without subject-matter jurisdiction over a dispute, a court may not decide the case 2 Common
  • from my side of The benCh - Justex
    Rule 91a authorizes dismissal of actions where there is no basis in law Presumably, this is meant to cover situations where a plaintiff pleads a cause of action not recognized under Texas law, e g , negligent infliction of emotional distress
  • COMMENT - houstonlawreview. org
    On the heels of the U S Supreme Court’s decision in Ashcroft v Iqbal, the Texas Supreme Court promulgated Texas Rule of Civil Procedure 91a, which permitted trial courts to dismiss actions that have no basis in either law or fact
  • Texas Rule of Civil Procedure 91a − Prevalence and . . . - McGuireWoods
    Rule 91a of the Texas Rules of Civil Procedure allows a party to seek dismissal of a groundless cause of action Tex R Civ P 91a The rule provides in pertinent part: [A] party may move to dismiss a cause of action on the grounds that it has no basis in law or fact
  • Fourteenth Court of Appeals - Courthouse News Service
    Appellant Orlando Sanchez appeals a final order dismissing his claim for “assault by offensive physical contact” under Texas Rule of Civil Procedure 91a and the Texas Citizens Participation Act (“TCPA”) 1Sanchez asserts that dismissal based on rule 91a was error because his claim has a basis in law and fact
  • Rule 91a Dismissal Based on Affirmative Defense of Derived Judicial . . .
    Under Rule 91a, a court may dismiss a cause of action that has no basis in law or fact A claim has no basis in law “where the allegations in the plaintiff’s own pleading establish a complete legal bar to the plaintiff’s claims by affirmatively negating entitlement to the relief requested ”
  • New Texas State Court Rules For Motions To Dismiss And Expedited Trials
    Under new Rule 91a, a party may move to dismiss a cause of action that has “no basis in law or fact ” A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, “do not entitle the claimant to relief ”
  • Texas Supreme Court is Set to Decide Whether Defendants Can Raise . . .
    In 2011, the Texas Legislature enacted Texas Rule of Civil Procedure 91a, which allows a defendant, in most cases, to “dismiss a cause of action on the grounds that it has no basis in law or fact ”
  • Cause No. D-1-GN-20-006861 - Law. com
    Rule 91a of the Texas Rules of Civil Procedure allows a party to move to dismiss a cause of action when it has no basis in law or fact Tex R Civ P 91a 1 “A cause of action has no basis





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