For instance, would section 508.012 permit a plaintiff to satisfy venue via the pretensive addition of a defendant?
Here, Judge Fischer noted that the "clear intent" of the statute was to "combat pretensive joinder." Id.
(162.) Nixon, 282 S.W.3d at 368 (Fischer, J., dissentingnoting that whether McIntosh's addition as a defendant was pretensive was not in dispute in the present case); see also Achtenberg, supra note 23, at 690-96 (arguing that even after the venue reform, the pretensive joinder doctrine will still play an important role).
This could happen if the plaintiffs voluntarily dismiss McIntosh or if the court dismisses him on the grounds that his inclusion was pretensive.
See supra notes 73-84; see also Achtenberg, supra note 23, at 695-705 (analyzing reformed venue statutes and concluding pretensive joinder of claims and strategically delayed joinder of claims are "the new frontier" in venue manipulation).
(167.) As previously explained, McIntosh's addition as a defendant was not pretensive. See supra note 162.
After painstakingly charting the alternatives of meaning and intention for pretensive
speech acts, following theoretical extensions of Austin's work, Henry exemplifies his method using the possible intentions of and observed reactions to a comic scene in the film When Harry Met Sally - when Sally mimics orgasmic groans in a crowded restaurant to demonstrate that Harry (men) can't tell the difference between reality and pretend.