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.
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
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:
- During the 2019 calendar year, the Supreme Court of Texas disposed of 88 causes. That’s 10
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
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%.
Continue Reading The Texas Supreme Court’s Docket, Part 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.
Continue Reading The Texas Supreme Court’s Docket, Part 1
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.
Continue Reading Does Texas follow the “sham affidavit” doctrine?
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.
Continue Reading How soon must an attorney notify his client of a court filing?