Appellate

A Daily Rate of Pay, No Matter How High, is Not a Salary — Says the Supreme Court

  Discussion of the February 2023 Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, 2023 U.S. LEXIS 944 (Feb. 22, 2023). Michael Hewitt was a tool pusher employed by an energy producer, Helix Energy Solutions [...]

By |2023-03-16T09:50:45-05:00March 3, 2023|Employment Law, Appellate|

Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs

In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base their opinions on a review of plaintiff’s medical records. However, [...]

By |2023-02-07T12:24:47-06:00February 7, 2023|Tort Law, Appellate|

Texas Supreme Court Weighs In on Attorney Immunity (in the Electronic/Wiretap Evidence Context)

  All Texas lawyers who are sworn-in by a judge after passing the Texas bar exam agree to “zealously represent their clients.” The degree and scope of that zealousness is not unlimited, however, and sometimes attorneys can get into trouble [...]

By |2022-06-22T15:12:50-05:00June 22, 2022|Appellate, Commercial Litigation|

Section 18.001 Counter-Affidavit Update

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 [...]

By |2021-09-20T16:50:00-05:00May 26, 2021|Appellate|
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