The Houston (First) Court of Appeals held that a plaintiff cannot restart the clock on the 120-day deadline to serve an expert report pursuant to Chapter 74. The plaintiff nonsuited its case prior to the expiration of the deadline. The plaintiff refiled the suit and filed an expert report within 120-days of the new filing. Relying on a prior
October 2008
Motions for Summary Judgment and the Specificity Requirement
By David Oliveros on
Posted in Opinions & Judgments
The defendant moved for summary judgment on the plaintiff’s claims based on the statute of limitations. To show the accrual date, the defendant attached several documents to his motion. But the defendant’s motion did not specifically identify where the evidence was in those documents. Did this meet the summary judgment requirement that a party must specifically identify its…
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry on
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas–which has no connection to the parties, the witnesses, or the facts of this case–to the Dallas Division of the Northern District of…
Texas Supreme Court goes to SMU
By Mike Northrup on
Posted in News and Events
The Texas Supreme Court will be holding oral arguments this Wednesday, Oct. 16, 2008, in Dallas at the SMU Dedman School of Law. The following three cases are set for oral argument beginning at 9:00am:
Entergy Gulf States, Inc. v. Summers, No. 05-0272; from Jefferson County, Ninth Court of Appeals (09-04-00152-CV, __S.W.3d__…
District Court Lacks Authority to Issue Injunction Against Attorney General
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals vacated a portion of a district court’s order directing the Office of Attorney General to remit payments to a private company that collects and disburses child-support payments for a fee. Pursuant to Texas Government Code sec. 22.002(c), the court of appeals held that only the Texas Supreme Court has the…
Telephone Calls With Forum Residents Can Be Sufficient Contacts for Specifc Jurisdiction
By Byron Henry on
Posted in Opinions & Judgments
The Fort Worth Court of Appeals recently held that participating in board meetings via telephone with Texas residents is sufficient to establish specific jurisdiction in Texas. The court of appeals distinguished the Texas Supreme Court’s opinion in Michiana Easy Livin’ Country, Inc. v. Holten as follows:
“Although the supreme court has disapproved opinions holding that
…
Evidence of Defendant’s Wealth Held Harmful
By Tory Regas on
Posted in Opinions & Judgments
The Texas Supreme Court recently reversed a decision by the Houston Fourteenth District Court of Appeals, which held harmless the trial court’s admission of evidence related to the defendant’s wealth. Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422, 2008 Tex. LEXIS 861 (Tex. Sept. 26, 2008). Continue Reading Evidence of Defendant’s Wealth Held Harmful