No 91a Today

GDS Transport, LLC v. MV Transp., Inc. reversed a dismissal under Rule 91a, in no small part because of a mismatch between the grounds in the motion and the plainitff’s specific theories of liability.

Specifically, the plaintiff’s breach-of-contract claim alleged that the defendant wrongfully deducted “maintenance costs” from the amount owed under the contract. The defendant cited a limitation-of-liability provision that, admittedly, foreclosed liability for operational costs. But “the damages sought are not maintenance costs,” said the Fifth Court: “Rather, they are the amount of an offset improperly taken from amounts owed ….” No. 05-23-00067-CV (June 24, 2024) (mem. op.).