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
Section 18.001 Affidavits: There’s a Storm Brewing…
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
2019 Courts of Appeals Reversal Rates
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.
The Scope of Attorney Immunity
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
2019 Texas Supreme Court Numbers are in…
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
How “Related” Must a Communication be to be Subject to the Texas Citizens Participation Act?
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
2018 Texas Supreme Court Numbers are in…
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…
The Texas Supreme Court’s Docket, Part 3
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
The Texas Supreme Court’s Docket, Part 2
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
The Texas Supreme Court’s Docket, Part 1
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