Richard Alan Haase v. Abraham, Watkins, Nichols, Sorrels, Agosto and Friend LLP, 404 S.W.3d 75

Haase sued Abraham Watkins for three claims of professional negligence arising from its prior representation in a federal patent litigation against Pearl River Polymers and others.
The underlying federal case involved sanctions against Haase for discovery abuse, including withholding testing results that contradicted his patent theory.
Abraham Watkins moved for summary judgment on limitations and fracturing; the trial court granted, dismissing Haase’s claims.
Haase argued tolling under the Hughes rule to extend the limitations period during the underlying appeal process.
The appellate court held Haase timely appeal and affirmed in part, reversed and remanded in part on the limitations issue.
The reverse/remand portion focuses on whether remaining two negligence allegations accrued and were time-barred; the remand addresses whether those claims should proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the claim is time-barred after fracturing analysis	Haase alleges remaining claims are timely.	Abraham Watkins argues time-barred under two-year limit.	Partially upheld; first allegation barred, others remanded for accrual analysis.
Whether negligent misrepresentation and breach of contract are foreclosed by fracturing	Claims are distinct from negligence and thus viable.	Claims are relabeled negligence or dependent on negligence.	These two claims are precluded as relabelings of negligence.
Whether Hughes tolling must be affirmatively pleaded	Haase pleaded tolling in later responses; timely.	Tolling not pleaded timely; not before summary judgment record.	Hughes tolling must be affirmatively pleaded; not properly raised in time.
Whether Haase sustained a legal injury date for accrual of remaining allegations	Accrual occurred after sanctions; tolling extended.	Accrual date should be August 28, 2006 (withdrawal).	Haase failed to prove accrual date; remaining claims may have accrued later.

Hughes v. Mahaney & Higgins, 821 S.W.2d 154 (Tex. 1991) (tolling of malpractice statute pending underlying litigation)
Apex Towing Co. v. Tolin, 41 S.W.3d 118 (Tex. 2001) (discovery and tolling rules for malpractice claims)
Woods v. William M. Mercer, Inc., 769 S.W.2d 515 (Tex. 1988) (discovery rule as plea in avoidance requiring affirmative pleading)
Proctor v. White, 172 S.W.3d 649 (Tex.App.-Eastland 2005) (unpleaded tolling asserted by consent or response may be allowed)
Levit v. Adams, 850 S.W.2d 469 (Tex. 1993) (notice/timing rules for extending appellate deadlines under Rule 4.2)
Murphy v. Gruber, 241 S.W.3d 689 (Tex.App.-Dallas 2007) (consideration of discovery-related damages and accrual)