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 [...]
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 of a client. Cantey Hanger, LLP v. Byrd, 467 S.W.3d [...]
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 law requires of us. Drivers operate vehicles according to [...]
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 formally addressed this question until this year. In Agar Corporation [...]
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 claims have legal merit at the outset of the case. [...]
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 fall on the record created. In the context of a [...]
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 affidavit when deciding whether there is a genuine issue of [...]
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