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Superseding Prejudgment Interest
At a recent continuing education seminar, one of the presenters stated as a fact that amounts awarded in a judgment for prejudgment interest do not need to be included in […]
Interlocutory Appeals: Appeal Now or Later
Imagine that your trial counsel informs you that the trial judge has just made a significant adverse ruling against you, but then he tells you that you could file an […]
What is Important to the State’s Jurisprudence?
Two years ago, I noted that the data shows that the Texas Supreme Court grants a disproportionate number of petitions for review that come through certain intermediate appellate courts. […]
Texas Supreme Court Jurisdiction over Granted Petitions
The Supreme Court of Texas handed down an opinion in Regent Care of San Antonio, L.P. v. Detrick in early May. The main holding in the case addresses the application […]
“Opinions,” “Memorandum Opinions,” and Texas Supreme Court Review
For many years after the Texas Supreme Court adopted rules that divided the opinions issued by the intermediate courts of appeals into “opinions” and “memorandum opinions,” many appellate practitioners privately […]
Section 18.001 Affidavits: There’s a Storm Brewing…
Often one of the biggest disputes at trial relates to the value of services that a claimant seeks to recover from the opposing party. At least for routine cases, the […]
2019 Courts of Appeals Reversal Rates
I’ve run the numbers on the reversal rates for the intermediate appellate courts in Texas for the calendar year 2019. The overall reversal rate for the year was 77%. To […]
2019 Texas Supreme Court Numbers are in…
I am crunching the numbers for opinion dispositions by the Supreme Court of Texas for the calendar year 2019. I expect to have a few blog posts showing how the […]
The Scope of Attorney Immunity
In 2015, the Supreme Court of Texas recognized that attorneys do not owe a professional duty of care to third parties who may be damaged by the attorney’s negligent representation […]
The Value of Court Precedent — Even When It’s “Wrong”
Predictability and stability in the law are essential to our democracy. Each of us makes an untold number of decisions every day, consciously or subconsciously, with respect to what the […]
The Statute of Limitations for Civil Conspiracy Gets a Makeover
For many years now, intermediate Texas appellate courts have uniformly concluded that the statute of limitations period for civil conspiracy claims is two years. The Texas Supreme Court had never […]
First Amendment Rights and the Texas Citizens Participation Act
When claims are brought as a result of a person’s exercise of his or her First Amendment rights, the Texas Citizens Participation Act (TCPA) provides protection by ensuring that the […]
The “Sham Affidavit” Doctrine is Valid in Texas State Court
A party who submits a summary judgment affidavit that contradicts his or her prior sworn testimony must explain the reason for the conflict or the trial court may […]
