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Not final, not collectible

The plaintiffs in In re Outreach Housing sought to enforce a (revived) 2006 default ...

Dallas Court of Appeals Continues to Rein in the TCPA’s Applicability to Business Disputes

By Carrington Coleman on July 30, 2020 Posted in Appellate, Courts

Palladium arose from a disagreement regarding a joint venture to acquire and ...

Read the agreement. All of it.

By David Coale on July 30, 2020 Posted in Contracts, Courts

Many forum-selection disputes, particularly about arbitration clauses, turn on whether ...

A time to define the issues, and a time for ecclesiastical abstention . . .

By David Coale on July 27, 2020 Posted in Courts

Acknowledging the Supreme Court’s recent reminder that “[t]he First Amendment ...

Personal jurisdiction and class claims –

By David Coale on July 22, 2020 Posted in Courts, Personal Jurisdiction

“Jackson [National Life]’s objection to personal jurisdiction concerned only ...

F O N T S

By David Coale on July 21, 2020 Posted in Courts, Insurance

For insurance-coverage lawyers, State Farm Lloyds v. Richards represents another ...

Eye of the Beholder: Dominant Jurisdiction and Primary vs. Ancillary Relief

By Carrington Coleman on July 16, 2020 Posted in Appellate, Courts

Ahmed Zidan and his uncle Alex had a falling out about their joint business venture ..

Civil Conspiracy and Settlement

By David Coale on July 15, 2020 Posted in Courts

An alleged tortfeasor, earlier named as a party in a case, settled with the plaintiff. The ...

Absurdism

By David Coale on July 13, 2020 Posted in Courts, Insurance

the Fifth Circuit plumbed the meaning of the absurd in Geovera Specialty Ins. Co. v. Joachin ...

Task force to study how to resume criminal court proceedings

By Lowell Brown on July 8, 2020 Posted in Courts, COVID-19, State Bar, Texas Supreme Court

A task force designed to help the Texas courts system resume criminal proceedings in light of the COVID-19 pandemic won approval June 24 from the State Bar of Texas Board of Directors. The board approved the Presidential Task Force on Criminal Court Proceedings at the request of 2020-2021 State Bar President Larry McDougal, a Richmond...… Continue Reading

A trap and a hint

By David Coale on July 8, 2020 Posted in Appellate Procedure, Courts

The trap: “The Funds sought to render an interlocutory decision appealable by ...

No supplemental jurisdiction? Then nothing else either.

By David Coale on July 7, 2020 Posted in Courts

After the plaintiff voluntarily dismissed the federal securities claims that justified ...

Interlocutory Mandatory?

By David Coale on July 5, 2020 Posted in Arbitration, Courts, Interlocutory Appeal

Justice Busby wrote for the majority in Bonsmara Natural Beef Co. v. Hart of Texas ...

Writing Wednesday – Citation Innovation?

By David Coale on June 30, 2020 Posted in Courts, Legal Writing

When not engaged in good-natured banter about typeface or proper spacing ...

Delegated.

By David Coale on June 29, 2020 Posted in Administrative Law, Courts

A manufacturer of vaping liquid, invoking the structural limitations imposed on ...

No loan? No lawsuit.

By David Coale on June 23, 2020 Posted in Administrative Law, Courts

A Texas business alleged that the CARES Act impermissibly discriminated against it as a ...

No verified plea needed when . . .

By David Coale on June 23, 2020 Posted in Courts

A timely charge objection overcame the lack of a verified plea about standing when ...

Buying a Train Ticket Isn’t “Paying for Use” of the Train Station

By Carrington Coleman on June 22, 2020 Posted in Appellate, Courts

City of Dallas v. Kennedy. Ms. Kennedy tripped and fell in Union Station train station ...

Valueless damage evidence

By David Coale on June 22, 2020 Posted in Courts, Damages

In Pike v. Texas EMC Mangagment LLC,”‘Value’ was defined in the jury charge as ‘”Market ...

Statutes and Ranches

By David Coale on June 16, 2020 Posted in Courts, Statutory Interpretation

The question in Waak v. Amparo was whether the Texas Farm Liability Act applies to ...

Texas Lottery Operator not Immune from Fraud Claims

By Carrington Coleman on June 15, 2020 Posted in Appellate, Courts

The cases involved fraud claims by lottery participants based on misleading ...

Privilege and Mandamus

By David Coale on June 15, 2020 Posted in Courts, Mandamus, Privilege - Attorney Client

In In re Schlumberger Tech, Inc., the Fifth Circuit again held that mandamus relief ...

The law of lunch

By David Coale on June 11, 2020 Posted in Arbitration, Courts

Lunch-buying did not create arbitrator bias in Texas Health Management v. Healthspring ...

Doctors’ Dispute is Not a “Health Care Liability Claim”

By Carrington Coleman on June 10, 2020 Posted in Courts, Liability

Roughneen involves a long-running dispute among various doctors and other health ...