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Craig Brinker

As seen in: The National Law Review, Lexology, Mondaq
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Articles by Craig Brinker

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

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By Craig Brinker, William F. McDevitt, Susan Schwartz Verified
| Mondaq
Most states allow former clients to assert claims against a licensed professional in either tort or contract. The stereotypical tort claim alleges that the professional failed to act in accordance with the standards expected by members of the profession, resulting in damages to the client. The stereotypical contract claim alleges that the professional was given a specific instruction and their failure to act in accordance with that instruction resulted in damages to the client.
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By Any Other Name: Rules Limiting Alternative Pleading in Professional Liability Actions

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By Craig Brinker
| The National Law Review Verified
Most states allow former clients to assert claims against a licensed professional in either tort or contract. The stereotypical tort claim alleges that the professional failed to act in accordance with the standards expected by members of the profession, resulting in damages to the client. The stereotypical contract claim alleges that the professional was given a specific instruction and their failure to act in accordance with that instruction resulted in damages to the client.
Open in Who Shared Issue with article?

Texas Supreme Court Rejects Repackaging Of Professional Claims

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By Susan Schwartz Verified, Craig Brinker
| Mondaq
Artful Pleading Suffers Smackdown from Texas Supreme Court On February 21, 2025, in Pitts v Rivas, the Texas Supreme Court finally accepted and applied the "anti-fracturing rule" to professional liability claims.
Open in Who Shared Issue with article?

Texas Supreme Court Rejects Repackaging of Professional Claims

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By Susan Schwartz Verified, Craig Brinker
| Lexology Verified
Artful Pleading Suffers Smackdown from Texas Supreme Court On February 21, 2025, in Pitts v Rivas, the Texas Supreme Court finally accepted and applied the “anti-fracturing rule” to professional liability claims.
Open in Who Shared Issue with article?
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