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Holding Over?

By David Coale on November 4, 2020 Posted in Contracts, Courts

The issue in 9503 Middlex, Inc. v. Continental Motors, Inc. was whether a commercial ...

Challenging Personal Jurisdiction? Decide Fast

By Carrington Coleman on November 4, 2020 Posted in Appellate, Courts

Does an attorney’s appearance and participation in a TRO hearing and entrance ...

Moot?

By David Coale on October 27, 2020 Posted in Courts, Moot

In FDIC v. Belcher, Belcher complained about the FDIC’s power to take his deposition ...

Staying the Staying?

By David Coale on October 26, 2020 Posted in Constitutional Law, Courts

In one of many recent election-law disputes, the panel majority in Richardson v. Hughs ...

No diversity about diversity over Diversity

By David Coale on October 21, 2020 Posted in Courts

The dispute in Smith v. Toyota Motor Corp. was whether there was diversity jurisdiction ...

Parker County court system impacted by computer security incident

By Amy Starnes on October 19, 2020 Posted in Courts, Cybersecurity, Technology

Parker County officials announced that on October 16 they discovered the county computer system had come under attack in an unspecified security incident. As officials attempted to stop the damage, sought to investigate, and seek repairs, the county’s court system was taken offline and all courts are closed at this time. Parker County District Clerk...… Continue Reading

Serpentine Mootness

By David Coale on October 19, 2020 Posted in Courts

The Fifth Circuit reversed a finding of mootness, observing: “Ordinarily, when a case ...

Anders and the Second Mile

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

Texas courts have extended Anders to parental termination cases ...

Arbitrator Okay

By David Coale on October 14, 2020 Posted in Arbitration, Courts

The Fifth Circuit reversed on an issue about arbitrator disclosure, observing, inter alia ...

Appealing

By David Coale on October 13, 2020 Posted in Appellate Procedure, Courts, Interlocutory Appeal

In the context of a motion to extend an interlocutory-appeal deadline, the Fifth ...

Factual sufficiency

By David Coale on October 12, 2020 Posted in Courts

Like a submarine occasionally surfacing from the deep, the concept of factual suffiency ...

Dominant Jurisdiction: Transfer Affects Which Case is “First Filed”

By Carrington Coleman on October 9, 2020 Posted in Courts, Dominant Jurisdiction

The Dallas Court of Appeals announced a comparatively simple rule: When ...

First-filed . . . in the same county?

By David Coale on October 8, 2020 Posted in Courts, Mandamus, Venue

An unusual venue dispute led to a thorough review of the policies underlying the ...

Move it or moot it

By David Coale on October 7, 2020 Posted in Courts

A nonprofit complained about a lack of press access to the Texas legislative session ...

Judicial-Communications Privilege

By David Coale on October 6, 2020 Posted in Courts, Defamation, TCPA

In Marble Ridge Capital v. Neiman-Marcus Group, the Fifth Court affirmed the denial of ...

Judicial Notice and Rule 12(b).

By David Coale on October 5, 2020 Posted in Courts

Basic Capital Management v. Dynex reminds about the proper record for evaluating a ...

Ecclesiastical Abstention

By David Coale on September 29, 2020 Posted in Courts, Mandamus

The Fifth Court found that ecclesiastical abstention barred a claim about expulsion ...

More facts found, about findings

By David Coale on September 28, 2020 Posted in Courts

Adding to the Fifth Court’s thorough discussion of exactly what constitutes ...

Why Twelve Jurors Matter for Civil Trials

By David Coale on September 22, 2020 Posted in Courts

As society, and the civil justice system, plan a return to more normal operations as the ...

Promissory Estoppel v. Fraud v. Unclean Hands

By David Coale on September 21, 2020 Posted in Courts, Estoppel, Fraud

Cornwell v. Scothorn addressed the interplay between the opposing sides’ fraud and ...

No offer. And, no acceptance.

By David Coale on September 15, 2020 Posted in Arbitration, Contracts, Courts

A dispute about an allegedly malfunctioning power generator led to an ingenious but ...

Louisiana’s Coastal Land Loss Litigation Produces Opinion of Interest to Appellate Practitioners in Federal Court

By Laura Springer Brown on September 14, 2020 Posted in Appellate, Litigation

The case is The Parish of Plaquemines v. Riverwood Production Co. The jurisdictional ...

Groundskeeping

By David Coale on September 14, 2020 Posted in Courts, Summary Judgment

Orange Cup Drive In LLC v. Mid-Continent Casualty Co. illustrates the application of ...

More 9(b)

By David Coale on September 8, 2020 Posted in Courts, Insurance

Following two recent opinions about Fed. R. Civ. P. 9(b), the Fifth Circuit again applied ...