April 2009

This entry comes to us courtesy of Sim Israeloff.

Many elected officials in Texas, including most who are elected to city councils and school boards, serve as citizen volunteers without pay.  Newly elected officials are sometimes surprised to find that their actions and speech are now restricted by statutes such as the Texas Open Meetings Act (TOMA). The Fifth Circuit Court of Appeals has now weighed in on whether elected officials carrying out their official duties retain the same First Amendment protections on speech as private citizens.
 Continue Reading Texas Open Meetings Act vs. the First Amendment Rights of Elected Officials

The more time you spend studying City of Dallas v. Dallas Morning News, the more I.Q. points you lose.  This case may be more important for what it doesn’t answer than for what you hope it will answer. 

The primary issue in this appeal is whether e-mails that are sent to and from private e-mail addresses of the Mayor and other city officials and which involve matters of official public business, are public information and subject to the Texas Open Records Act.Continue Reading Open Records Act and its Application to E-mail

All those "whereas" clauses in congressional resolutions amount to nothing, according to the U.S. Supreme Court. 

In 1993, the U.S. Congress passed a joint resolution expressing its deep regret to native Hawaiians insofar as the United States’ overthrow of the Kingdom of Hawaii.  Contained within the resolution was an apology to the Hawaiian people, which acknowledged…

On Friday, April 17th and Saturday, April 18th, the Texas Supreme Court Rules Advisory Committee will be meeting to discuss proposed changes to the Texas Rules of Procedure.  Among the proposed changes are changes that will permit electronic filings in the appellate courts.

For more information on the location and time of the meeting, click…

The Beaumont Court of Appeals has held that the minimum amount in controversy necessary to invoke a district court’s jurisdiction is $201.00.

In Acreman v. Sharp, the trial court dismissed Plaintiff Acreman’s claims against an employee of the Texas Department of Criminal Justice because Acreman’s petition asserted that the value of the property he was complaining of was $400.00.  The trial court concluded that the minimum amount in controversy to invoke a district court’s jurisdiction must exceed $500.00.  Acreman appealed.

Continue Reading District Court Jurisdiction: Split of Authority

The Beaumont Court of Appeals has held that a contractual waiver of jury clause does not extend to non-contractual claims brought against non-signatory joint tortfeasors or alleged conspirators.

In In re Wild Oats Markets, Inc., Kuykendahl-WP Retail, L.L.P. ("Kuykendahl") had a lease agreement with Wild Oats Markets, Inc., which contained a contractual waiver-of-jury-trial clause. …