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David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley v. Ramona Rogers, M.D., et al.

Paid petition · Supreme Court of Texas, No. 19-0634 · judgment April 16, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Texas Medical Liability Act’s expert report and mandatory sanction of dismissal with prejudice for failure to serve an expert report provisions are preempted by 42 U.S.C. § 1983 in lawsuits filed in Texas courts involving Section 1983 claims, including excessive force claims that occur within State of Texas healthcare institutions, including state mental facilities?.

Counsel of record

For petitioner
Katie Pearson Klein
Dale & Klein, L.L.P.

For respondent
Judd Edward Stone II
Texas Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Nov 29 2021
    Waiver of right of respondent Ramona Rogers, M.D., et al. to respond filed.
  4. Nov 14 2021
    Petition for a writ of certiorari filed. (Response due December 20, 2021)