The Phantom, longtime defender of Bangalia, is often called the “Man Who Cannot Die.” Neither do disputes about the scope of issue statements; in a counterpoint to a recent opinion that read Flakes narrowly, the Fifth Court rejected a Flakes-based objection to a charge-error issue: “Following the supreme court’s mandate, we conclude that, fairly subsumed in Ziehl’s briefing, is the challenge to the trial court’s judgment awarding contribution to all parties who failed to secure a statutorily required jury instruction.” Ziehl v. Tornado Bus, No. 05-19-00901-CV (April 22, 2021) (mem. op.).

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