Insight & Commentary on Texas Appellate Law
How effective is a motion for summary judgment that has no evidence attached to it? Not very. Sometimes you can dodge a few bullets. Ultimately, you will get hit. That’s what happened in the Dallas Court of Appeals’ opinion in American Board of Obstetrics and Gynecology, Inc. v. Yoonessi.
The American Board of…
When a party (or the party’s attorney) does not receive actual notice of an adverse judgment within 90 days of that judgment, the party may make use of Texas Civil Procedure Rule 306a to extend deadlines for filing a motion for new trial or to appeal. But its important that the party invoking Rule 306a…
The San Antonio Court of Appeals has issued an interesting opinion in a mandamus proceeding involving what is described as an unsuperseded judgment. In In re Romero, Gonzalez & Benavides, L.L.P., there was a dispute between the law firm of Romero, Gonzalez & Benavides (RG&B) and attorney Mark Cantu regarding the right to a…
Governor Perry has appointed Robert M. Fillmore to fill the seat on the Dallas Court of Appeals that was recently vacated by Justice Amos Mazzant. Fillmore comes to the court of appeals from Hunton & Williams, LLP. According to his recently-updated resume, his background is in regulatory law. His appellate experience is described as…
The Collin County Bar Appellate Section will join with the Collin County Bar Association for a meeting at noon on May 15, 2009 at Ralph & Kacoo’s in Allen. Our speaker will be Justice Douglas S. Lang from the Dallas Court of Appeals. Justice Lang will discuss his book Deeds, Not Words, professionalism, and the relationships that …
The Dallas Bar Association Appellate Law Section will be having its monthly lunch meeting at noon on Thursday, May 21st at the Belo Mansion. The keynote speakers are Assistant U.S. Attorneys Wes Hendrix and Leigha Simonton, who will speak on "Lessons for a Serial Fifth Circuit Litigant"
Also, the section will feature Texas Supreme Court…
The Texas Supreme Court recently held that Rule 193.6 of the Texas Rules of Civil Procedure applies to summary judgment proceedings. Thus, any discoverable information, including expert information under Rule 194, that has not been properly disclosed or supplemented, should be excluded. The Court stated that "the ‘hard deadline’ established by the pretrial discovery rules ensures that the…
The Texas Supreme Court recently weighed in again on the enforceability of non-compete agreements under Texas law. Specifically, the Court held that an employer need not expressly promise to provide confidential information to an employee in return for a promise not to disclose the information. Instead, the Court held that an employer impliedly promises to provide confidential information…
