Justice Oliver Wendell Holmes, dissenting from an early Sherman Act case, famously observed: “Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance… but because of some accident of immediate
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Updated Citation
The Court’s oft-used summary of the required elements for mandamus relief has been updated, see In re Grantham, 05-22-00077-CV (May 20, 2022):
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No good cause, no special master.
The trial court in In re Alford appointed a special master to resolve discovery issues. Tex. R. Civ. P. 171 gives a trial court the power to “in exceptional cases, for good cause appoint a master in chancery.” Case law
No proportionality, no deposition.
The Fifth Court granted a mandamus petition about a corporate-representative deposition, when “proportionality” was not shown, given the corporation’s other information disclosures: “Safeco supported its proportionality objection with evidence. Safeco provided the trial court with a business record affidavit and
Non-suit, about a nonsuit
The plaintiff in Benit v. Primalend Capital Partners filed a nonsuit of his claims on the evening before a summary-judgment hearing. The trial court struck the nonsuit and entered summary judgment against the plaintiff. The Fifth Court reversed, noting that
Interesting Case
The issue in Bluestone Resources, Inc. v. First Nat’l Capital, LLC was a judgment that included post-judgment interest, by the court that confirmed an arbitration award, when the award itself was silent about post-judgment interest. The Fifth Court held:
“We
What’s in a misnomer?
In Romeo and Juliet, the doomed heroine observes: “What’s in a name? That which we call a rose by any other name would smell as sweet.”
In Bell v. XTC Cabaret (Dallas), Inc., the Fifth Court observes (citations omitted):
Released.
In bringing to an end a long-running international oil-and-gas dispute, the Texas Supreme Court examined a seeming tension between two earlier opinions about the specificity required for an effective release: “‘[W]hile the misrepresentation in Schlumberger “pertained to the very matter
Southwestern Stay
The Dallas Morning News reported that the Fifth Court stayed the Rule 202 depositions of two UT-Southwestern executives in connection with its program for transgender use; the mandamus proceeding continues to be briefed in the meantime.
The post Southwestern Stay
Focused Defamation Claim
In a defamation / business disparagement claim, when the charge told the jury to:it was reversible error for the jury to consider evidence about the effects of “a widespread ‘whisper campaign’” distinct from the referenced statement. Memorial Hermann Health
