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
Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section of the Dallas Bar Association. He is also a former briefing attorney for the Supreme Court of Texas.
- Civil Appeals
- Labor and Employment Law
- Insurance Law
- Municipal Law
- Dallas Bar Association, Appellate Law Section
- Defense Research Institute
- College of the State Bar of Texas
- State Bar of Texas, Appellate Section
- Texas Aggie Bar Association
- JD, Texas Tech University School of Law (1988)
- B.S., (Political Science), Texas A&M University (1985)
- State Bar of Texas
- United States Supreme Court
- United States Court of Appeals for the Fifth Circuit
- United States District Court, Northern, Southern, and Eastern Districts of Texas
With the close of 2018, the statistics for opinion disposition by the Texas Supreme Court are in. I’m still crunching numbers and will follow this post with additional statistics, but here’s what some of the preliminary data show for the 2018 calendar year:
There’s a perception in some appellate circles that if the court of appeals has issued a “memorandum opinion,” the chances of getting review by the Supreme Court of Texas are minuscule. A look at the supreme court’s statistics might change a few minds.
Each calendar year, the Supreme Court of Texas agrees to hear and decide somewhere around 80 petitions for review. This is only a fraction of the petitions for review that come knocking on the court’s door. When the court grants a petition for review the odds are very strong that the court is going to reverse the court of appeals judgment. Overall reversal rates range between 75% to 85% for the years 2014 through 2017, with the average reversal rate for all four years being 82.2%.
For well over a decade, the Supreme Court of Texas has been presented with more than 1000 different matters each fiscal year. These matters consist of petitions for review, petitions for writs of mandamus, certified questions, petitions for habeas corpus, direct appeals, and a handful of other miscellaneous items. The bulk of the court’s docket consists of petitions for review, which are either denied or granted.
A “sham affidavit” has been described as referring to an affidavit in which an affiant offers sworn testimony that contradicts the affiant’s prior, sworn testimony on a material point and the affiant gives no explanation in the affidavit for the change in the testimony. The scenario of the “sham affidavit” arises with great frequency in Texas summary judgment practice. Because many district courts and intermediate appellate courts refuse to give credence to such an affidavit, many motions for summary judgment have been granted and upheld.
The answer to this question may depend upon the circumstances. As reflected in one recent Dallas Court of Appeals opinion, minutes mattered in order for the lawyer to ensure compliance with her obligation not to engage in conduct that might disrupt pending appellate proceedings. This opinion could serve as a good law school exam question.
Ordinarily, when evaluating the contacts of distinct legal entities, the contacts of parent corporations and subsidiaries are evaluated separately for jurisdictional purposes, unless the corporate veil is pierced. On first glance, that doesn’t appear to be what happened in Cornerstone Healthcare Group Holding, Inc. v. Nautic Management VI, L.P. The key to understanding this opinion…
Once upon a time a trial court’s decision on a question of dominant jurisdiction was not subject to mandamus relief unless one court was actively interfering with another court’s exercise of jurisdiction. The Texas Supreme Court has abrogated that standard in favor of the more flexible standard the court adopted in In re Prudential Insurance…