Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit.  Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of

Whether a defendant can be sued in the courts of a particular state depends upon the defendant’s presence in the state.  If the defendant lives there, or in the case of an entity, has its principal place of business there or is incorporated there, the defendant has availed itself of the state’s jurisdiction and may

The Dallas Court of Appeals has held that the Texas Commission on Human Rights Act (TCHRA) and its prohibition against unlawful employment practices because of sex, encompasses claims for unlawful employment practices because of sexual orientation.  This interpretation is the first for an appellate court in Texas and the court’s analysis follows the United States

Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved.  Yet these questions routinely arise in the trial courts and are fundamental to trial practice.  The Texas Supreme Court recently examined an evidence question involving the admissibility of public records.

In Fleming v.

At a recent continuing education seminar, one of the presenters stated as a fact that amounts awarded in a judgment for prejudgment interest do not need to be included in the amount of a supersedeas bond.  The presenter cited the Texas Supreme Court’s opinion in In re Nalle Plastics Family Ltd. Partnership, 406 S.W.3d

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

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. 

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