The Chief Justice of New York’s highest court, Jonathan Lippman, is receiving accolades from his announcement this week that the Administrative Board of Courts has proposed a new rule to address when judges must recuse themselves when those appearing before them have contributed money to their campaigns. The proposed rule was announced as part
February 2011
Judgments, Net Worth, and Supersedeas
By Byron Henry on
Posted in Opinions & Judgments
Once again, a court of appeals has weighed in on the question of calculating net worth for purposes of supersedeas. The Dallas Court of Appeals recently held that a trial court did not abuse its discretion by refusing to include the judgment as a liability in calculating the judgment debtor’s net worth. The court relied on the…
Chapter 74 Health Care Liability Claims
By Mike Northrup on
Posted in Opinions & Judgments
We have a pair of starkly conflicting opinions recently issued by the Dallas Court of Appeals in the arena of Health Care Liability claims to report. In one, the court applies the well-settled principle that a plaintiff’s pleadings do not determine whether a claim is a health care liability claim and the court applies the Texas Supreme Court’s analysis in Marks v. St. Lukes Episcopal Hospital to the legal determination of whether the claim is a health care liability claim. In the second case, the court does not mention the Marks test, and holds that the plaintiff’s pleadings do determine whether a claim is a health care liability claim.
Be Careful What You Ask For…
By Mike Northrup on
Posted in Opinions & Judgments
Parties seeking to appeal from an adverse judgment should be wary of requesting or otherwise approving the very judgment they intend to appeal. In Sincerely Yours LP v. NCI Building Systems LP, Sincerely Yours obtained a favorable verdict on liability but wanted to appeal the exclusion of certain testimony relating to the extent of its…
CLE Update
By Byron Henry on
Posted in News and Events
The Dallas Bar Association Appellate Section has announcd a program change for the February meeting to be held this Thursday, February 17th. Dana Livingston from Alexander Dubose & Townsend will present "Panel Roulette: What Fractured Fifth Circuit Opinions Teach Us About the Court’s Judges" at the meeting this Thursday.
Chief Justice Wallace Jefferson was originally scheduled to speak …
Chief Justice Joe R. Greenhill dies
By Mike Northrup on
Posted in News and Events
We at reverseandrender.com mourn the passing of former Chief Justice Joe R. Greenhill, who served on the Texas Supreme Court for 25 years. The press release from the Texas Supreme Court announcing Justice Greenhill’s death may be found here.
Upcoming CLE Opportunities
By Mike Northrup on
Posted in News and Events
Here are a couple of Continuing Education opportunities for appellate practitioners:
On Thursday, February 17th at Noon, Chief Justice Wallace Jefferson will speak to theDallas Bar Association Appellate Law Section on the "State of the Texas Supreme Court." The event will take place at the Belo Mansion as part of the the Appellate Law…