IN RE LCS SP, LLC

No. 20-0694.

640 S.W.3d 848 (2022)

IN RE LCS SP, LLC d/b/a Signature Pointe Senior Living Community, Aspect LCS Leasing SP, LLC, and LCS Dallas Operations, LLC, Relators.

Supreme Court of Texas.

OPINION DELIVERED: February 25, 2022.


Attorney(s) appearing for the Case

Curtis E. Clinesmith , Dallas, Jacob N. Runyon , Dawn M. Smith , Paul J. Downey , Dallas, for Real Party in Interest.

Lori D. Proctor , Houston, for Amici Curiae The Terrace at Denison, SSC Houston Southwest Operating Company, LLC, Hillside Heights Rehabilitation Suites, Crimson Heights Health & Wellness, Las Ventanas de Socorro, Willow Springs Health and Rehabilitation Center, Creekside Terrace Rehabilitation, Cedar Pointe Health and Wellness Suites, SSC Levelland Operating Company, LLC, Brownfield Rehabilitation and Care Center, Meadowbrook Care Center, Los Arcos del Norte Care Center, Bremond Nursing and Rehabilitation Center, Crosbyton Nursing and Rehabilitation Center, Sterling Oaks Rehabilitation, Monarch Pavilion Rehabilitation Suites, Alamo Heights Health and Rehabilitation Center, Villa Haven Health and Rehabilitation Center, Las Brisas Rehabilitation and Wellness Suites, The Village at Richardson, Bridgecrest Rehabilitation Suites.

Arlene Wiese , for Amici Curiae Retama Manor Del Rio, LLC d/b/a Falcon Ridge Rehabilitation Center, Bryant Irving Consulting, LLC d/b/a Mira Vista Court, Kirkland Court Health Care, LLC d/b/a Kirkland Court Health and Rehabilitation Center, Care Inn of Edna, LLC d/b/a Edgewood Rehabilitation and Care Center, Brownsville Long Term Care, LLC d/b/a The Hillcrest of North Dallas, Cameron Health Care Center, LLC d/b/a Sedona Trace Health and Wellness.

Jennie C. Knapp , Amarillo, for Amici Curiae Texas Osteopathic Medical Association, Texas Hospital Association, Texas Medical Association, Texas Health Care Association, LeadingAge Texas, Texas Alliance for Patient Access.

Amber Rochelle Pickett , Nichol L. Bunn , Dallas, Sean Higgins , Houston, for Relator.

Bill Davis , Evan S. Greene , Austin, Judd E. Stone II , Brent Webster , Houston, Warren Kenneth Paxton , Austin, for Amicus Curiae State of Texas.


In this case, we examine the scope of discovery that the Texas Medical Liability Act permits before the plaintiff serves the expert report that the Act requires. The trial court declined to compel pre-report discovery of a nursing facility's general policies and procedures. The court of appeals granted...

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