Two years ago, I noted that the data shows that the Texas Supreme Court grants a disproportionate number of petitions for review that come through certain intermediate appellate courts. One of those intermediate appellate courts is the Third Court of Appeals District, informally known as the Austin Court of Appeals. That trend continues.
Focusing on
The Supreme Court of Texas handed down an opinion in Regent Care of San Antonio, L.P. v. Detrick in early May. The main holding in the case addresses the application of a settlement credit. But one short paragraph at the end of the opinion has appellate practitioners talking.
The paragraph in question states:
“Regent Care
For many years after the Texas Supreme Court adopted rules that divided the opinions issued by the intermediate courts of appeals into “opinions” and “memorandum opinions,” many appellate practitioners privately concluded that if an opinion was designated “memorandum opinion,” the chances of getting Texas Supreme Court review were substantially reduced. But in 2018, I reported
Often one of the biggest disputes at trial relates to the value of services that a claimant seeks to recover from the opposing party. At least for routine cases, the form and manner of proving the value of those services is made easier by statute, but when the value of the services is contested, things
I’ve run the numbers on the reversal rates for the intermediate appellate courts in Texas for the calendar year 2019. The overall reversal rate for the year was 77%. To clarify, when the Supreme Court of Texas granted a petition for review, it reversed the court of appeals 77% of the time in 2019.
A dispute exists among the bench and bar as to whether attorney immunity from suit by a non-client is limited to conduct that is related to litigation.
In 2015, the Supreme Court of Texas recognized that attorneys do not owe a professional duty of care to third parties who may be damaged by the attorney’s
I am crunching the numbers for opinion dispositions by the Supreme Court of Texas for the calendar year 2019. I expect to have a few blog posts showing how the numbers shake out. Here’s what the initial numbers show:
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
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:
Continue Reading 2018 Texas Supreme Court Numbers are in…
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.
Continue Reading The Texas Supreme Court’s Docket, Part 3