2019 Texas Supreme Court Numbers are in…
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 [...]
The Scope of Attorney Immunity
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 negligent representation [...]
Exemplary Damages — Re-Visiting the Damages Cap Calculation
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing [...]
The Value of Court Precedent — Even When It’s “Wrong”
Predictability and stability in the law are essential to our democracy. Each of us makes an untold number of decisions every day, consciously or subconsciously, with respect to what [...]
The Statute of Limitations for Civil Conspiracy Gets a Makeover
For many years now, intermediate Texas appellate courts have uniformly concluded that the statute of limitations period for civil conspiracy claims is two years. The Texas Supreme Court had never [...]
Contracts — A New Spin on the “Battle of the Forms” Conundrum
In most first-year law school Contracts courses, law students learn about the practical business conundrum of the “battle of the forms,” where a prospective buyer and seller exchange written [...]
First Amendment Rights and the Texas Citizens Participation Act
When claims are brought as a result of a person’s exercise of his or her First Amendment rights, the Texas Citizens Participation Act (TCPA) provides protection by ensuring that the [...]
Texas Supreme Court Addresses Evidentiary Challenges and Rulings in the Summary Judgment Context
Protecting the “record” - that is, the documents and evidence before the court - is important both at the trial and appellate court levels as a case can rise or [...]
The “Sham Affidavit” Doctrine is Valid in Texas State Court
A party who submits a summary judgment affidavit that contradicts his or her prior sworn testimony must explain the reason for the conflict or the trial court may disregard the [...]
