Clik here to view.
Court Rejects Defendant’s Attempt to Use Declaratory Judgment Act as a...
Originally published by Jon Patton .Among several issues on appeal in this dispute between a commercial landlord and tenant, the Court of Appeals considered whether the defendant could recover...
View ArticleAge Discrimination Claim Survives Summary Judgment
Originally published by Chris Patton .In this age discrimination employment claim, the Court of Appeals reversed the trial court’s grant of summary judgment for the defendant. According to the Court,...
View ArticleClik here to view.
Conflicts in Summary Judgment Practice
Originally published by Mike Northrup .I recently presented a continuing education seminar focusing on current issues in state summary judgment practice. As a result of that presentation, the Dallas...
View ArticleClik here to view.
Texas Supreme Court opinions and orders (8/22/14 – Part 1)
Originally published by Scott Stolley . In its weekly orders (8/22/14), the Texas Supreme Court issued seven opinions, granted four petitions for review, and set four mandamus petitions for argument....
View ArticleGrand Jury Subpoena for Bank Records Does Not Constitute a “Taking” for...
Originally published by Carrington Coleman .Preston State Bank v. Willis Dallas Court of Appeals, No. 05-12-00688-CV (August 26, 2014) Justices Bridges (Opinion), FitzGerald, and Lang-Miers Ken Carroll...
View ArticleClik here to view.
Are Lawyer-Hyperlinked Briefs Headed for Extinction?
Originally published by D. Todd Smith .When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal....
View ArticleClik here to view.
Texas Supreme Court oral arguments (9/16/14)
Originally published by Scott Stolley . The Texas Supreme Court has two cases set for argument on Tuesday, 9/16/14: No. 12-0803 – Texas Dep’t of Aging & Disability Servs. v. Cannon — The plaintiff...
View ArticleClik here to view.
Texas Supreme Court Argument Preview (9/17/14)
Originally published by Rich Phillips . On Wednesday, September 17, 2014, the Texas Supreme Court will hear argument in three cases. The arguments will begin at 9:00 am, and you can watch them live....
View ArticleClik here to view.
Dallas weighs in on no-evidence summary judgment procedure
Originally published by Mike Northrup .The Dallas Court of Appeals has written a couple of recent significant opinions addressing no-evidence summary judgment practice. In the first opinion, the en...
View ArticleHow far backwards should an appeals court bend to construe garbled briefing?
Originally published by Carrington Coleman .Coleman v. Prospere Dallas Court of Appeals, No. 05-13-0068-CV (September 22, 2014) Justices FitzGerald, Fillmore, and Evans (Opinion) Ken Carroll A divided...
View ArticleTrust the Other Side’s Lawyer at Your Peril, At Least in an “Adversarial”...
Originally published by Carrington Coleman .Weilbacher v. Craft Dallas Court of Appeals, No. 05-13-01252-CV (November 19, 2014) Justices O’Neill (Opinion), Lang-Miers, and Brown Ken Carroll Weilbacher...
View ArticleClik here to view.
Texas Supreme Court oral argument preview (12/4/14)
Originally published by Scott Stolley .On Thursday, December 4, the Texas Supreme Court will hear oral arguments in three cases in Austin. The cases deal with: (1) a county’s liability for residential...
View ArticleClik here to view.
Texas Supreme Court Argument Preview (12/10/14)
Originally published by Rich Phillips . The Supreme Court of Texas will hear argument in three cases on Wednesday, December 10, 2014: No. 12-0987, Gharda USA Inc. v. Control Solutions, Inc. - This case...
View ArticleClik here to view.
Texas Supreme Court Oral Arguments
Originally published by Rich Phillips .On Thursday, January 15, 2015, the Supreme Court of Texas heard arguments in the following cases: No. 14-0122, Life Partners Inc. v. Arnold and No. 14-0226, Life...
View ArticleClik here to view.
Texas Supreme Court Orders (1/23/15)
Originally published by Rich Phillips . The Supreme Court of Texas did not issue any opinions in its order list this morning. The Court did note probable jurisdiction in No. 14-0776, which involves...
View ArticleDallas Court Adds Two Cases to the Discussion of What Is and What Isn’t a...
Originally published by Carrington Coleman .Texas Health Presbyterian Hospital Dallas v. Burch Dallas Court of Appeals, No. 05-14-00665 (January 22, 2015) Justices Evans (Opinion), Brown, and Schenck...
View ArticleClik here to view.
If a case is part of an MDL proceeding, when can a dismissal of that case be...
Originally published by Scott Stolley . Last week, the U.S. Supreme Court decided an interesting appellate issue involving a case that was part of an MDL proceeding. In Gelboim v. Bank of America...
View ArticleClik here to view.
Can a Texas summary judgment be final when attorney’s fees claims are not...
Originally published by Scott Stolley . In a recent post, I addressed whether a Texas judgment is final even when it does not address court costs. The answer appears to be that it is final, and this is...
View ArticleClik here to view.
Mardi Gras or Not: When in New Orleans for Oral Argument, Where Should I Stay...
Originally published by D. Todd Smith . With Fat Tuesday having passed, the timing seems right to consider lodging and restaurant recommendations for those who occasionally venture to New Orleans for...
View ArticleClik here to view.
Appellate Practice and Procedure Lesson 2: How Appellate Lawyers Bring Value...
Originally published by D. Todd Smith . This post features the video and slidedeck for the second lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation...
View Article
