MENDOZA v. MURPHY

No. 07-50418.

532 F.3d 342 (2008)

Rick MENDOZA; Irene Mendoza, Plaintiffs-Appellants, v. Alicia G. MURPHY, M.D.; Mariano Allen, M.D., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 2008.


Attorney(s) appearing for the Case

Walter L. Boyaki, John Gregory Mundie, Miranda & Boyaki, El Paso, TX, for Plaintiffs-Appellants.

Larry W. Hicks, Cynthia Catalina Llamas, Hicks & Llamas PC, Arthur R. Piacenti, Lucky, Enriquez, Piacenti & Snigiel, El Paso, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.


EDITH H. JONES, Chief Judge:

Plaintiffs Rick and Irene Mendoza appeal the district court's decisions to retain supplemental jurisdiction over their state law claims against Defendants Dr. Alicia Murphy and Dr. Mariano Allen and grant summary judgment based on the Texas statute of limitations, which is not here superseded by the state's constitutional open courts doctrine. TEX.REV.CIV. STAT. ANN. art. 4590i, § 10.01, recodified at TEX. CIV. PRAC. &...

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