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Absurdity Doctrine Disfavored by the Courts
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 [...]
What is Important to the State’s Jurisprudence?
Two years ago, I noted that the data shows that the Texas Supreme Court grants a disproportionate number of petitions for review that come through certain intermediate appellate courts. [...]
Texas Supreme Court Jurisdiction over Granted Petitions
The Supreme Court of Texas handed down an opinion in Regent Care of San Antonio, L.P. v. Detrick in early May. The main holding in the case addresses the application [...]
Eight (Corners) is Enough – Texas Supreme Court Says So – When it Comes to an Insurer’s Duty to Defend
In a certified question from the Fifth Circuit Court of Appeals to the Texas Supreme Court, our state’s highest civil appellate court recently re-affirmed the long-standing, “eight-corners” [...]
“Opinions,” “Memorandum Opinions,” and Texas Supreme Court Review
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 [...]
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 [...]
Texas Supreme Court Weighs in on the Admissibility of Surveillance Video
"A picture is worth a thousand words" is a saying well-known in both layman’s circles and in the law. In court, videotaped evidence can speak volumes. Because of [...]
