Texas Supreme Court Adopts “Sham-Affidavit” Doctrine
In Albert Lujan v. Navistar Inc. et al, issued April 27, 2018, the Texas Supreme Court recognized that a trial court has the authority to disregard a “sham affidavit”—an affidavit that contradicts without explanation the affiant’s prior deposition testimony—when ruling on a summary judgment motion. This is an issue that comes up frequently in summary judgment practice, when a litigant attempts to create a genuine fact issue that will defeat a summary judgment motion by submitting an affidavit that contradicts the litigant’s prior deposition testimony. The court’s ruling makes it clear that the trial court may disregard such an affidavit.
Access the full opinion here.