DeRoeck v DHM Ventures, LLC, No. 17-0033 (Tex. June 6, 2018) Acknowledgement of Debt: Texas Supreme Court Disagrees on Pleading Sufficiency Issue, Reverses

DeRoeck v DHM Ventures, LLC, No. 17-0033 (Tex. June 6, 2018) In Texas, acknowledgement of a debt is subject to a special statue of frauds. When acknowledgement applies, an otherwise time-barred debt claim may be pursued against the defendant who acknowledged the debt. But suing on that basis technically means suing on the acknowledgement, rather than on the original cause of action, and requires proper pleadings. In this case, the Texas Supreme Court reversed the court of appeals on the issue of pleading sufficiency, holding that the pleaded facts were sufficient under the state's fair-notice pleading standard even though the theory of recovery was not expressly pleaded in the causes of action section of the plaintiff's amended petition. The pleading standard in Texas state courts is famously more lax than its federal counterpart. DeRoeck v DHM Ventures, LLC, No. 17-0033 (Tex. 2018) IN THE SUPREME COURT OF TEXASNO. 17-0033BRIAN DEROECK, MELINDA YOUNG,…

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