Less Discovery Does Not Materially Advance the Ultimate Termination of Litigation
December 11, 2013The Court of Appeals has once again denied a permissive interlocutory appeal. Respondents sued petitioners for injuries they sustained after a bus accident in Mexico. The bus ticket stated that the passenger accepted “the validity and application of the authority and jurisdiction of the applicable Mexican Law and Regulations…” The trial court denied petitioner’s motion to apply the laws of Mexico, ruling instead that Texas law applied. Petitioners appealed. The Court found that although petitioners claim they will have to do additional discovery without a decision from the Court of Appeals on the choice of law issue, petitioners failed to show the appeal would materially advance the ultimate termination of the litigation.
