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Evidence

Plaintiffs’ Supplemental Motion In Limine

This case was a medical negligence case where the Plaintiff alleged that his wife died when her physician prescribed her fentanyl patches at an excessively high dose. The defendant physician claimed that, prior to writing the prescription, the decedent misrepresented that she had been taking the high dose of fentanyl he prescribed. In support, the Defendant sought to introduce evidence of medical records from a different doctor that the decedent had seen several years earlier. Prior to trial, this brief was filed by Heygood, Orr & Pearson seeking preclusion of the admission of and reference to those medical records.

Sur-Reply to Defendant’s Motion to Exclude Evidence of Prior Settlement Negotiations Under Rule 408

This case was a breach of contract claim involving a party’s failure to comply with the terms of a settlement agreement. The Plaintiffs alleged that the Defendant agreed to make significant drainage repairs on their residential property as part of a $250,000.00 settlement payment to resolve a prior lawsuit. The repairs were never made and the Plaintiffs sought enforcement of the settlement agreement. The Defendant sought to exclude evidence of the negotiations which led to the settlement claiming they were inadmissible under Texas Rule of Evidence 408. Needing guidance, the Court ordered submissions from the parties addressing the issue. These briefs were filed by Heygood, Orr & Pearson on behalf of its clients.

Defendants’ Response to Plaintiffs’ Motion to Exclude Evidence of Prior Settlement Negotiations Under Rule 408

This case was a breach of contract claim involving a party’s failure to comply with the terms of a settlement agreement. The Plaintiffs alleged that the Defendant agreed to make significant drainage repairs on their residential property as part of a $250,000.00 settlement payment to resolve a prior lawsuit. The repairs were never made and the Plaintiffs sought enforcement of the settlement agreement. The Defendant sought to exclude evidence of the negotiations which led to the settlement claiming they were inadmissible under Texas Rule of Evidence 408. Needing guidance, the Court ordered submissions from the parties addressing the issue. These briefs were filed by Heygood, Orr & Pearson on behalf of its clients.