The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine.

Under the absurdity doctrine a court will construe a statute by applying the plain meaning of the words used unless it would lead to absurd

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 am crunching the numbers for opinion dispositions by the Supreme Court of Texas for the calendar year 2019.  I expect to have a few blog posts showing how the numbers shake out.  Here’s what the initial numbers show:

  • During the 2019 calendar year, the Supreme Court of Texas disposed of 88 causes.  That’s 10

Did the Texas Supreme Court substitute fair notice pleading for well-pleaded complaints?  Texas Rule of Civil Procedure 91a was adopted in 2013, and provides a “no reasonable person could believe” standard.  Until recently, whether “no reasonable person could believe” meant “plausibility” remained an unanswered question.  In City of Dallas v. Sanchez, No. 15-0094 (July 1,

The Dallas Bar Association Appellate Section has announcd a program change for the February meeting to be held this Thursday, February 17th.  Dana Livingston from Alexander Dubose & Townsend will present "Panel Roulette: What Fractured Fifth Circuit Opinions Teach Us About the Court’s Judges" at the meeting this Thursday. 

Chief Justice Wallace Jefferson was originally scheduled to speak

The Texas Supreme Court will be holding oral arguments this Wednesday, Oct. 16, 2008, in Dallas at the SMU Dedman School of Law.  The following three cases are set for oral argument beginning at 9:00am:

Entergy Gulf States, Inc. v. Summers, No. 05-0272; from Jefferson County, Ninth Court of Appeals (09-04-00152-CV, __S.W.3d__