The Dallas Court of Appeals has issued an Opinion in a mandamus proceeding that establishes a new standard for mandamus relief. In In re Pendragon Transportation, LLC, Pendragon complained of a trial court order that appointed a special master to attend depositions in the case and to make rulings on any objections, assertions of
Appellate CLE on Privilege
The Dallas Bar Association Appellate Law Section will have its monthly meeting on Thursday, March 20, 2014, at noon at the Belo Mansion. The guest speaker this month is Jadd Masso of Strasburger & Price. He will be speaking on the subject of "Preserving, Proving, and Challenging Privilege." One hour of CLE credit is
Appellate CLE: Appeals in Removals and Remands
The Dallas Bar Association, Appellate Law Section will have its monthly CLE lunch on Thursday, February 20th at noon at the Belo Mansion. Ken Carroll, of Carrington Coleman, will speak on the subject of "Appeals in Removals and Remands." The program is worth one hour of CLE credit.
Hecht Becomes Longest Serving Supreme Court Justice
On Sunday, January 26th, 2014, Chief Justice Nathan Hecht became the longest serving justice on the Supreme Court of Texas in state history. Sunday marked his 9,157th day of service on the Texas Supreme Court. Hecht was first elected in November of 1988, and took his seat on the court on January 1, 1989.
Prior
More Fun with Supersedeas Practice
The Houston Fourteenth Court of Appeals recently issued an opinion that addresses a couple of important issues for supersedeas practice, namely consolidated financial statements, burden of proof, and expert requirements.
In Hunter Buildings & Manufacturing L.P. v. MBI Global L.L.C., the trial court signed a judgment against six entities for joint-and-several liability. Three of
Incremental Clarity for Supersedeas: Attorney’s Fees
Little by little, appellate practitioners are getting answers to the many questions emanating from the supersedeas statute and law that came about as part of tort reform in 2003. The Texas Supreme Court‘s opinion in In re Nalle Plastics Family Limited Partnership holds that attorney’s fees are not compensatory damages that must be superseded.
Appellate CLE Opportunity: Dallas Court of Appeals
The Dallas Bar Association Appellate Law Section will have its monthly CLE at the Belo Mansion on Thursday, May 16, 2013, at noon. This month’s speaker is Richard Smith from Lynn, Tillotson, Pinker & Cox, LLP, and Mr. Smith will speak about developments at the Dallas Court of Appeals. One hour of CLE
Jurisdiction under the Class Action Fairness Act
The Class Action Fairness Act (CAFA) gives federal courts jurisdiction of class actions where the matter in controversy exceeds $5 million. The U.S. Supreme Court considered the question of whether a named class representative can avoid application of CAFA by stipulating that he will not seek damages that exceed $5 million in Standard Fire Ins.
Affidavits and Personal Knowledge
One should always be careful of falling victim to using and reusing forms because it may come back to bite you. Many drafters of affidavits start out by having the affiant state something like, "I have personal knowledge of the facts set forth below." This language by itself may not be sufficient to give anything
Mandamus Fundamentals
In the heat of the rush to get a mandamus filed with the court of appeals, it’s easy to overlook basic mandamus requirements. That appears to be what happened in In re Moffitt, a mandamus proceeding filed in the Amarillo Court of Appeals.
Mr. Moffitt sought a mandamus to compel the Hutchinson County District