The Dallas Court of Appeals has held that the Texas Commission on Human Rights Act (TCHRA) and its prohibition against unlawful employment practices because of sex, encompasses claims for unlawful employment practices because of sexual orientation. This interpretation is the first for an appellate court in Texas and the court’s analysis follows the United States
Dallas Court of Appeals
How “Related” Must a Communication be to be Subject to the Texas Citizens Participation Act?
The Texas Citizens Participation Act (TCPA) is designed to protect the constitutional right of persons to speak freely, associate freely, and participate in government without the threat of an unmeritorious lawsuit being filed against them as a result. More particularly, it protects the rights of persons to speak out on “matters of public concern.” The…
Retirement News-Justice Jim Moseley
We were saddened to receive news this week that Dallas Court of Appeals Justice Jim Moseley has announced that he will be retiring at the end of August. Justice Moseley has served on the court of appeals with great distinction for 18 years. He has been a contributor to various CLEs on important topics such…
Tip of the Week: Oral Argument Requests in the Dallas COA
When I don’t want oral argument or don’t think it is necessary, my standard operating procedure has been to (1) put nothing regarding oral argument on the front cover of my brief, and (2) include a Statement Regarding Oral Argument in the brief explaining why it has not been requested but adding a statement that, if the Court…
Reverse and Render Welcomes Dallas’ Newest Appellate Judge
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…
Dallas internal operating procedures
Will the Dallas Court of Appeals grant oral argument to both sides of an appeal when only one party has requested it? For the answer to that question, check out the Court’s Internal Operating Procedures. The answer might surprise you. The Dallas Court of Appeals has posted its IOP’s as of September 1, 2008…