The Dallas appeals court, wrestling with the difficult issue of the right to be the bankruptcy trustee in a different plaintiff’s personal injury lawsuit and reversing the district court’s summary judgment that allowed the trustee to take action for the benefit of a third-party.
The ruling in the personal injury case introduces new rules within the Fifth District Court of Appeals concerning standing, as well as the capability of a defendant to go back in time to an earlier case in order to overturn the limitations period bar.