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No Continuance to Avoid Bench Trial by Video

By Carrington Coleman on August 24, 2020 Posted in Appellate, Courts

The fact that you don’t want to conduct your bench trial via videoconference in order to ...

Two non-torts

By David Coale on August 19, 2020 Posted in Courts

Two causes of action under Texas law, frequently asserted but rarely tried, were ...

Writing Wednesday: Let’s Go Kerning.

By David Coale on August 19, 2020 Posted in Courts

A notable feature of the Fifth Circuit’s new typography is the amount of kerning ...

Damages, not proven

By David Coale on August 18, 2020 Posted in Courts, Damages

Damages were not established in In the Interest of MGG, when: “Ms. Gatewood does ...

Skidmore Deference

By David Coale on August 17, 2020 Posted in Administrative Law, Courts

“Applying Skidmore, we ask whether EPA’s interpretation of Title V in the Hunter Order ...

No Permissive Appeal Where Controlling Issues Were Not Decided by the Trial Court

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

In a very short opinion, the Dallas Court of appeals rejected an insurer’s petition ...

More than one way, with the TCPA

By David Coale on August 12, 2020 Posted in Courts, TCPA

Palladium Metal Recycling v. 5G Metals reminds: “Interlocutory appeals are only available ...

Inherent-power sanction reversed

By David Coale on August 11, 2020 Posted in Courts, Sanction

The Fifth Court reversed an award of sanctions, based on the trial court’s ...

Reformation Required

By David Coale on August 10, 2020 Posted in Contracts, Courts

The Fifth Circuit found it was an abuse of discretion to not reform a noncompetition ...

Not final, not collectible

By David Coale on August 3, 2020 Posted in Courts, Judgment, Mandamus

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