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In re K&L Auto Crushers, LLC and Thomas Gothard Jr.
(Tx., filed February 9, 2021). Arguing that plaintiffs’ attorneys have found a way to circumvent the “paid or incurred” rule through use of letters of protection to medical providers. The result is the admission of evidence from medical providers at trial about a plaintiff’s medical expenses that looks nothing like the reasonable rates they normally charge, but instead has everything to do with maximizing their own recovery along with the plaintiff’s. The result is unfair jury trials in personal injury suits because defendants—with no ability to conduct discovery on the provider’s reasonable medical charges for the same procedure in the same area—cannot adequately defend themselves.
On May 28, 2021, the Court agreed with ATRA’s position and conditionally granted Defendant K & L Auto Crusher’s petition for mandamus relief.
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