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Supplementation allowed

By David Coale on January 26, 2021 Posted in Courts, Discovery

A late discovery supplementation may be allowed if the party shows good cause and ...

COVID rule about bars, not barred

By David Coale on January 19, 2021 Posted in Constitutional Law, Courts

Louisiana bar owners contended that a state COVID restriction violated the Equal ...

Covid Continuance Mandamus

By David Coale on January 19, 2021 Posted in Courts, Mandamus

The Texas Supreme Court granted an emergency stay in In re: Enven Energy Corp. ...

Evidence admissibility

By David Coale on January 13, 2021 Posted in Courts, Evidence

The issue was the liability of an LLC for hiring a wildlife-removal contractor to work ...

Many theories, much deference

By David Coale on January 12, 2021 Posted in Courts

Echeverry v. Jazz Casino Co. illustrates a deferential review of a jury’s work in a case ...

Is Amazon Liable For Defective Products It Markets For Other Vendors?

By Carrington Coleman on January 12, 2021 Posted in Appellate, Courts

The Texas Supreme Court has accepted a certified question that could lead to one ...

But is it jurisdictional?

By David Coale on January 4, 2021 Posted in Courts

The question in State of Texas v. Mesquite Creek Devel., Inc. was whether the trial ...

Emergency order extends eviction-diversion program deadlines

By Staff on December 22, 2020 Posted in Courts, COVID-19, Eviction, Texas Bar Blog, Texas Supreme Court

Editor’s Note: The Texas Supreme Court issued the following advisory on December 22. In an emergency order posted Tuesday, the Texas Supreme Court has extended deadlines for procedures for tenants and landlords under a statewide housing-assistance program intended to avoid evictions for tenants behind on rent. The Texas Eviction Diversion Program, announced in October, is...… Continue Reading

No magic in RICO causation pleading

By David Coale on December 21, 2020 Posted in Courts, RICO

The plaintiffs in Molina-Aranda v. Black Magic Enterprises alleged RICO violations based ...

Unified affirmance of trademark ruling

By David Coale on December 15, 2020 Posted in Courts, Trademark

The Fifth Circuit concluded that of the seven relevant factors about secondary meaning ...

On further consideration, that amendment’s okay

By David Coale on December 14, 2020 Posted in Courts, Judgment, Pleadings

On rehearing, the Fifth Court reversed field and allowed a post-trial pleading ...

No implied contract when . . .

By David Coale on December 8, 2020 Posted in Contracts, Courts

“In November 2015, over a year after Richter claims that an implied contract had been ...

The narrower TCPA in action

By David Coale on December 7, 2020 Posted in Courts, TCPA

Vaughn-Riley v. Patterson illustrates the operation of the new, narrower definition of ...

The Narrowed Scope of “Matters of Public Concern” Under The TCPA, As Amended

By Carrington Coleman on December 3, 2020 Posted in Appellate, Courts

In Vaughn-Riley, the Dallas Court of Appeals provided an early glimpse of how it regards ...

Preservation Pointer

By David Coale on December 1, 2020 Posted in Courts, Preservation of Error

Another preservation point from EYM Diner LP v. Yousef involves the structure ...

Lien on me?

By David Coale on November 30, 2020 Posted in Courts, Mandamus

The Fifth Court granted mandamus relief in a proceeding related to the removal of a ...

Medicaid, Planned Parenthood, and the En Banc Court

By David Coale on November 24, 2020 Posted in Appellate Procedure, Constitutional Law, Courts

The dry-sounding issue before the en banc court in Planned Parenthood v. Kauffman ...

The sounds of silence, appellate style

By David Coale on November 23, 2020 Posted in Appellate Procedure, Courts

Simon & Garfunkel’s The Sounds of Silence begins: “Hello darkness, my old friend ...

Contacts are not always contacts

By David Coale on November 18, 2020 Posted in Courts, Personal Jurisdiction

“Sharing liability is not the same as sharing an identity. As our colleagues in the Ninth ...

Intervention Imperatives

By David Coale on November 16, 2020 Posted in Appellate Procedure, Courts

Richardson v. Flores reviewed the standards for intervention into an ongoing appeal ...

Continuing Trespass is Not Necessarily an Irreparable Injury

By Carrington Coleman on November 13, 2020 Posted in Appellate, Courts

Good fences make good neighbors … sometimes. Two parties owning adjoining ...

We didn’t start the fire?

By David Coale on November 11, 2020 Posted in Courts, Discovery

Billy Joel disputed causation about starting the fire. So did the parties in Coastal Bridge ...

Another sighting of B.C. v. Steak N Shake

By David Coale on November 10, 2020 Posted in Appellate Procedure, Courts, Summary Judgment

As the Flying Dutchman restlessly travels the Seven Seas, so does B.C. v. Steak N Shake ...

Untimely pizza order

By David Coale on November 9, 2020 Posted in Contracts, Courts

An “area developer” for Pizza Inn did not timely renew his option contract related ...