Echoing the Texas Supreme Court’s skepticism about Wikipedia as a source in D Magazine Partners, LP v. Rosenthal, 529 S.W.3d 429 (Tex. 2017), the Fifth Circuit held that the Wayback Machine was not a proper subject of judicial notice
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Lost Book Value Not Foreseeable
By David Coale
In Hadley v. Baxendale, 8 Exch. 341, 156 Eng. Rep. 145 (1854), the Court of Exchequer held that a miller’s lost profits, arising from the late delivery of a replacement shaft for a steam engine in the mill, were…
Deal With Juries in 2022? Listen to This Podcast!
By David Coale
By popular demand, the nationally respected jury consultant Jason Bloom returns to the “Coale Mind” podcast after his insightful interview last year about the restart of jury trials after the 2020 quarantines. In this new 2022 episode, he discusses…
Case Information ≠ Claim Made
By David Coale
A high-profile case about a child’s gruesome accident produced considerable media coverage, but the insurer’s awareness of that coverage did not satisfy the insurance policy’s “claim” requirement: “The fact that [the insured] became aware of media reports about Braylon’s injuries…
TCPA: not “based on or in response to . . . “
By David Coale
In Soo v. Pletta, the Fifth Court affirmed the denial of a TCPA motion, finding an insufficient connection between the allegedly protected activity and the lawsuit, and noting:
- Case law about the previous version of the TCPA, which required
…
Don’t Redact Fee Statements Too Much
By David Coale
The Fifth Court found that a set of overly-redacted fee statements was legally insufficient evidence to support an award of fees in THB Construction v. Holt Texas, Ltd., observing:
“[T]he evidence here is like that presented in [Long …
Settling Settlements
By David Coale
Permissible SJ Inferences
By David Coale
Key aspects of an asbestos-exposure case presented genuine issues of material fact, rather than impermissible speculation, and made summary judgment inappropriate:
- Potential exposure to airborne material. “[T]he MDL court accepted that Williams worked, for some amount of time, in a
…
TCPA Hearing Date Matters
By David Coale
A delay in holding a hearing on a TCPA motion (again) led to denial of appellate review in Vertical Holdings LLC v. LocatorX, Inc.:
“… [W]e find no information in the record to support Vertical Holdings’s suggestion that the…
