Tag Archives: judgment

Remember That If You Move For Traditional Summary Judgment, You Will Want To Attach Evidence To Support Your Arguments

How effective is a motion for summary judgment that has no evidence attached to it?  Not very.  Sometimes you can dodge a few bullets.  Ultimately, you will get hit.  That’s what happened in the Dallas Court of Appeals’ opinion in  American Board of Obstetrics and Gynecology, Inc. v. Yoonessi. The American Board of Obstetrics and … Continue Reading

Late Notice of the Judgment

When a party (or the party’s attorney) does not receive actual notice of an adverse judgment within 90 days of that judgment, the party may make use of Texas Civil Procedure Rule 306a to extend deadlines for filing a motion for new trial or to appeal.  But its important that the party invoking Rule 306a … Continue Reading

Rule 193.6 Applies to Summary Judgment Practice

The Texas Supreme Court recently held that Rule 193.6 of the Texas Rules of Civil Procedure applies to summary judgment proceedings.  Thus, any discoverable information, including expert information under Rule 194, that has not been properly disclosed or supplemented, should be excluded.  The Court stated that "the ‘hard deadline’ established by the pretrial discovery rules ensures that the … Continue Reading

Waiver of Special Appearances in Default Challenges

The San Antonio Court of Appeals has held that a party challenging a default judgment may well risk losing the opportunity to challenge the exercise of personal jurisdiction over him unless special precautions are taken. In Boyd v. Kobierowski, Kobierowski, a Texas resident, sued Boyd, a California resident, in Texas for breach of contract, fraud, misrepresentation … Continue Reading

Enforceable Liquidated Damages Clause

Dallas Court of Appeals. Urban Television Network Corp. v. Creditor Liquidity Solutions, L.P., No. 05-07-01629-CV.   Westar Satellite Services, L.P. and Urban Television Network Corporation entered into a five year services agreement. The agreement contained a liquidated damages clause. After two years, Urban Television defaulted on its obligations and Westar sued to enforce the liquidated damages clause. … Continue Reading

Judicial Estoppel vs. Judicial Admission

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.  … Continue Reading

No-Evidence MSJ Need Only Reference Challenged Element

The Texarkana Court of Appeals held that a no-evidence motion for summary judgment need only identify the challenged element in order to comply with Rule 166a(i).  Plaintiff argued that the motion must list all of the elements and identify the challenged element(s).  The court of appeals disagreed and held the motion sufficient if it "merely reference[s] the element … Continue Reading

Motions for Summary Judgment and the Specificity Requirement

The defendant moved for summary judgment on the plaintiff’s claims based on the statute of limitations. To show the accrual date, the defendant attached several documents to his motion. But the defendant’s motion did not specifically identify where the evidence was in those documents. Did this meet the summary judgment requirement that a party must specifically identify its … Continue Reading