“The Supreme Court of Texas recently determined that section 17.028 of thecivil practice and remedies code provides the exclusive means for service of processon a financial institution. Section 17.028 requires service on the institution’s registered agent. The … court held
En Banc Review?
This is a cross-post from 600Commerce, it involves a Dallas Court of Appeals decision but is of broader statewide interest –
The Fifth Court’s recent ERCOT opinion found that matter appropriate for en banc review when, between its original…
New UCC Article
Mike Lynn and I have an article in the latest Oklahoma Law Review about a fiendishly tricky issue with some “battles of the forms” under the Uniform Commercial Code. A few years back, Mike had a hard-fought trial about this…
An opinion of consequence
In an insurance-coverage dispute arising from a theft of gold coins with a fraudulent check, the supreme court said: “We hold that a loss sustained “consequent upon” an event connotes but-for causation under the policy’s exclusion of coverage for property…
Denial of Discovery and Mandamus
“The denied discovery was necessary to develop a defense that goes to the heart of ExxonMobil’s case—that the providers’ rates were unreasonable. Additionally, the effects of the trial court’s denial of discovery will evade review by any higher court because…
New Justice Appointed
Governor Abbott has appointed Evan Young of Baker Botts to the vacancy on the court created by the resignation of Eva Guzman.
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State-Federal Practice Differences
I recently wrote an article, “Federalism and Appellate Procedure: Five Texas-Federal Differences to Know,” in the Appellate Advocate, the quarterly publication by the Appellate Section of the State Bar of Texas. I hope you find it interesting and useful.
Laches Didn’t Bar Mandamus
In addition to other points about “apex depositions,” the supreme court rejected an argument that an unreasonable delay barred mandamus relief:
“American reasonably explained the year-long period between the trial court’s order compelling Eberwein’s deposition and American’s mandamus filing in…
In Li v. Pemberton Park Community Association, an opinion finding that a pro se litigant did not waive an argument about uneven enforcement of housing rules, the Court reminded: “[P]arties on appeal need not always ‘rely on precisely the…
Of Masks and Men
The present state of mask-mandate litigation as defined by a supreme court order yesterday:
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