Pointing to the Empty Chair

One favorite – and legitimate – tactic of defendants at trial is to point to “empty chairs”, someone not a party to the trial. The empty chair are either potential defendants that were not or could not be sued or defendants that settled before trial.

The Texas Supreme Court offers its thoughts on this issue this week in a case involving the lawsuits stemming from the bondfire deaths that killed 12 people before a Texas A&M game 10 years ago.