The Collin County, Frisco, and Plano Bar Associations are co-sponsoring a happy hour with special guests Justices Robert Fillmore and Lana Myers of the Dallas Court of Appeals at The event will be held from 5:30-7:00pm on Thursday, April 29, 2010 at Zea Woodfire Grill, 8100 Dallas Parkway, Plano, Texas 75024. Members of the bench
April 2010
Personal Jurisdiction Notes
By Mike Northrup on
Posted in Special Appearance
Personal Jurisdiction challenges is one area of the law that I’ve found interesting since I took Dean Frank Newton’s conflicts of law class in law school. Recently there have been a number of personal jurisdiction opinions that have come out. I’ve summarized what I see as the highlights of some of those cases below:
- In Jackson
…
Rule 11 not conclusive evidence of attorney’s authority to settle case
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals has held that a settlement agreement by Rule 11 did not support summary judgment because the client challenged her counsel’s authority to sign the Rule 11. In this case, a plaintiff settled a case by a Rule 11 Agreement. Later, she brought suit against the same party she had settled with…
Attorneys may be deposed as fact witnesses
By Byron Henry on
Posted in Opinions & Judgments
In a brief memorandum opinion, the Dallas Court of Appeals affirmed that attorneys may be deposed as fact witnesses while counsel in the underlying litigation. Here, the trial court denied a party’s motion to compel the deposition of the opposing party’s lawyer. The court of appeals stated that "[t]he mere fact that a fact witness…
Dallas Bar Association Appellate Law CLE: Justice Fillmore
By Mike Northrup on
Posted in News and Events
Dallas Court of Appeals Justice Robert Fillmore will speak on the new rules and procedures governing electronic filing at the court of appeals on Thursday, April 15th at Noon at the Belo Mansion. Here’s an opportunity to get an hour’s worth of CLE, meet with one of the new Justices on the court, and learn about…
CPRC 33.004(e) not applicable to vicariously liable defendants
By Byron Henry on
Posted in Opinions & Judgments
The Houston (First) Court of Appeals recently held that section 33.004(e) of the Texas Civil Practice and Remedies Code does revive claims against defendants whose liability is solely vicarious.
Section 33.004(e) allows plaintiffs to join as defendants those designated as responsible third parties notwithstanding the applicable statute of limitations. Plaintiffs in this case filed suit against Wells Fargo…