‘Appellate Rule 42.1’ ‘agreed motion’ settlement
Continue Reading Be careful with your settlement agreements…
Mike Northrup
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.
Practice Areas
- Civil Appeals
- Labor and Employment Law
- Insurance Law
- Municipal Law
Professional Associations
- 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
Education
- JD, Texas Tech University School of Law (1988)
- B.S., (Political Science), Texas A&M University (1985)
Bar Admissions
- 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
Oral Hearing Required on a Motion to Reinstate
In Resurgence Financial, L.L.C. v. Foster, the Dallas Court of Appeals followed and applied the Texas Supreme Court‘s opinion in Thordson v. City of Houston. From the moment that Resurgence filed its suit the trial court notified Resurgence that the case would be placed on the dismissal docket unless an answer were…
Voidable Agreement Negates Specific Contacts Jurisdiction
‘personal jurisdiction’ ‘special appearance’ voidable ‘disciplinary rules’…
Continue Reading Voidable Agreement Negates Specific Contacts Jurisdiction
Campaign finance and judicial disqualification
The United States Supreme Court’s recent opinion in Caperton v. A.T. Massey Coal Co., raises some unique questions for our own system of electing judges in Texas. Justice Kennedy, writing for the majority, holds that the campaign contributions of the chairman of the board and president of Massey Coal toward the campaign of a West Virginia Supreme Court candidate raised “the probability of actual bias ris[ing] to an unconstitutional level.” The majority gives little bright-line guidance for future cases, but in apparent recognition of the precedential implications of its holding, the majority is careful to emphasize the extreme nature of the facts of the case, including that the Massey chairman donated the maximum personal contribution to the candidate and $2.5 million to a political PAC, and those donations accounted for more than two-thirds of the total funds raised. The contributions were more than the total amount spent by all other supporters for the candidate.
The dissent, written by Chief Justice Roberts, expresses concern at extending due process to application of judicial disqualification. Instead, the dissent suggests that disqualification is a matter more properly left to the states to regulate by statute or rule. By extending due process to matters of disqualification, the dissent warns that the majority may actually undermine concerns for the need to maintain a fair, independent and impartial judiciary. The Court’s opinions may be found at this link.Continue Reading Campaign finance and judicial disqualification
Responsible Third Parties and Statutes of Repose
A few weeks ago I wrote about an opinion issued by the Fort Worth Court of Appeals, wherein that court held that Civil Practice and Remedies Code Section 33.004(e) applied to a statute of repose to revive the claims against a responsible third party. Click here for that discussion. I questioned whether Section 33.004(e)’s…
On Rusty McMains passing…
I am sad to learn (and report) that the appellate world has lost an icon today. Rusty McMains passed away this morning in Corpus Christi.
As a briefing clerk at the Texas Supreme Court, I learned that there were certain oral advocates who were in the "must see" category when they came to town to…
Dallas Bar Association Appellate Law Section CLE
The Dallas Bar Association Appellate Law Section meets on Thursday, June 18, 2009, at noon at the Belo Mansion. Texas Supreme Court clerk Blake Hawthorne and Texas Supreme Court rule attorney Kennon Peterson will be speaking on the subject of "An Insider’s View of the Texas Supreme Court."
The Fifth Circuit is going electronic and proposing new rules
The U.S. Fifth Circuit Court of Appeals is preparing to amend existing rules and adopt new ones. These amendments are mostly prompted by the movement toward electronic filing, which is projected to begin in December of this year. But there are some proposed changes that could affect your malpractice premiums and you will want to…
Why “overrule” when you can “disapprove”?
In its recent opinion in Perkins v. City of San Antonio, the San Antonio Court of Appeals stated "we disapprove of our conclusion in Wu [v. City of San Antonio], regarding the applicable standard for reviewing the Board’s orders." (emphasis added). By way of background Wu adopted a hybrid standard of review for…
Late Notice of the Judgment
When a party (or the party’s attorney) does not receive actual notice of an adverse judgment within 90 days of that judgment, the party may make use of Texas Civil Procedure Rule 306a to extend deadlines for filing a motion for new trial or to appeal. But its important that the party invoking Rule 306a…
