Attorneys should think twice before relying on an admission regarding a party’s employment status. The Dallas Court of Appeals recently held that discovery admissions are not binding on legal issues, and do not raise a genuine issue of material fact on questions of law. In this case, the plaintiff sued the City of Dallas for
admission
Judicial Estoppel vs. Judicial Admission
By Byron Henry on
Posted in Opinions & Judgments, Summary Judgment
The Beaumont Court of Appeals recently addressed the difference between judicial estoppel and a judicial admission. Plaintiff filed a claim with the EEOC and brought suit against defendant for gender discrimination. After her federal suit was dismissed, she sued the defendant in state court for unlawful termination based on her refusal to perform an illegal act. …
Evidence of Defendant’s Wealth Held Harmful
By Tory Regas on
Posted in Opinions & Judgments
The Texas Supreme Court recently reversed a decision by the Houston Fourteenth District Court of Appeals, which held harmless the trial court’s admission of evidence related to the defendant’s wealth. Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422, 2008 Tex. LEXIS 861 (Tex. Sept. 26, 2008). Continue Reading Evidence of Defendant’s Wealth Held Harmful