Originally published by David Coale.
A timely charge objection overcame the lack of a verified plea about standing when: “Walker had no reason under Fisher to file a verified plea challenging EMC Cement BV’s capacity to recover for damages to Texas EMC Products. Walker’s complaint about what damages EMC Cement BV was attempting to recover did not arise until EMC Cement BV requested that the jury be instructed to base its damages for Walker and Wilson’s breach of the partnership agreement on the difference in the value of EMC Cement BV’s interest in the partnership before and after the breach.” Pike v. Texas EMC Management LLC, No. 1-0557 (June 19, 2020).
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