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BRAMLETT v. MEDICAL PROTECTIVE CO. OF FORT WAYNE

Civil Action No. 3:10-CV-2048-D.

855 F.Supp.2d 615 (2012)

Dale BRAMLETT, Individually, and as Independent Administrator of the Estate of Vicki Bramlett, Deceased, et al., Plaintiffs, v. The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

March 5, 2012.

Attorney(s) appearing for the Case

Alexander B. Klein, III , J. Todd Trombley , Myriam K. Legge , The Klein Law Firm, Houston, TX, James E. Girards , Girards Law Firm, Dallas, TX, John T. Smithee , Amarillo, TX, for Plaintiffs.

Joseph R. Little , The Little Law Firm, Houston, TX, Deron L. Wade , Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendants' motion to dismiss requires the court to interpret and apply the Texas Supreme Court's decision in Phillips v. Bramlett, 288 S.W.3d 876 (Tex.2009) ("Phillips II"). Although Phillips II construed § 11.02(c) of the now-repealed Medical Liability and Insurance Improvement Act of 1977 ("MLIIA"), Tex.Rev.Civ. Stat. Ann...

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