In response to a mandamus petition by the Texas AG, the supreme court stayed a trial-court order that had enjoined the potential arrest of Democratic legislators who are avoiding the second special session. A prompt response was also requested.
The
Legislature, Heal Thyself
In In re Turner, the Texas Supreme Court denied a mandamus petition about the Governor’s line-item veto of Legislative funding, observing: “While the interference by one branch of government with the effectual function of another raises concerns of separation
Note for Subscribers
New TCPRC 38.001
Solving several years of mischief arising from unclear statutory language, the governor recently signed an amended version of Tex. Civ. Prac. & Rem. Code § 38.001 to clarify when attorneys’ fees may be recovered in breach-of-contract actions. It is effective
Good CLE on Thursday!
On Thursday, June 17 at noon, I’m giving an update on commercial cases of note from the past year in the Dallas Court of Appeals. It will be by Zoom and you can register here, and here is the
Acceptance of Benefits
In the case of In the Estate of Johnson, the supreme court reaffirmed a strict approach to the “acceptance of benefits” defense in will contests: “MacNerland was put to an election: either seek to set the will aside or
Arbitration Agreement, Agreement.
In an 8-1 decision, the Texas Supreme Court reversed the Fifth Court’s judgment in Fifth Court’s judgment in Aerotek v. Boyd, a dispute about whether employees agreed to arbitration via their employer’s electronic system. The court observed:
“It may be
Lawyers’ Roles
Two recent opinions provide guidelines for the important roles that attorneys play in our society.
The first, Haynes and Boone LLP v. NFTD, LLC, holds that “attorney immunity applies in all adversarial contexts in which an attorney has a
Good Op-Ed on Texas Courts
The Fifth Court’s former Chief Justice, Linda Thomas, wrote an excellent op-ed in this weekend’s Dallas Morning News about recent efforts to restructure the Texas court system.
The post Good Op-Ed on Texas Courts appeared first on 600 Hemphill.
Amendments and TCPA deadlines
“We hold that an amended or supplemental pleading that asserts the same legal claims or theories by and against the same parties and based on the same essential facts alleged in a prior pleading asserts the same ‘legal action’ to