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
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Whistleblowers: Who Ya Gonna Call?
The Texas Whistleblower Act protects a public employee who makes a good faith report of a legal violation by his or her employer “to an appropriate law enforcement authority.” Tex. Gov’t Code § 554.002(a). Texas law has generally held that the “appropriate law enforcement authority” must be an authority that has outward-looking powers to investigate,…
Dallas Court of Appeals reinstates $7.25 million verdict on quantum meruit claim
I generally think of quantum meruit claims as merely disposable, add-on claims used in a belt-and-suspenders approach to a contract action. But after reading the opinion in Shamoun & Norman, LLC v. Albert G. Hill, Jr., I am not going to underestimate the power of a quantum meruit claim. A $7.25 million bonus for…
What’s in a name?
Under Rule 28, is pleading the name of a popular location where a business is located sufficient to name an entity?
This was the issue in Seidler v. Morgan, a recent Texarkana Court of Appeals case.
While vacationing at Fish Creek Ranch located in Dolores, CO, the plaintiff fell from a horse and dislocated her…