Supreme Court of Texas Blog

In re Tex. Dep’t of Family and Protective Servs., No. 08-0391 (orig. proceeding) (per curiam) -and-

In re Tex. Dep’t of Family and Protective Servs., No. 08-0403 (orig. proceeding) (per curiam)

Decided: May 29, 2008

Today, the Court denied the Department’s request for mandamus relief, issuing a per curiam decision. In addition, Justice O’Neill wrote an opinion [...]

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In re Tex. Dep’t of Fam. & Protective Health Servs., No. 08-0391 (orig. proceeding)

Response Requested: May 28, 2008

This afternoon, the Court requested that the mothers file a response to the State’s petition for mandamus — by tomorrow at 9:00am. That short timeline is not incredibly unusual in mandamus actions (for which speed is often [...]

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The Texas Supreme Court has requested full briefing for In re Medical Carbon Research Institute, No. 08-0298 (discussed in this post yesterday) and also for BNSF Railway Co. v. Gunderson, Inc., No. 07-0817.

In BNSF Railways, the Second Court of Appeals affirmed the trial court’s application of Texas’s law of repose. BNSF contends that another [...]

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In re Medical Carbon Research Institute, L.L.C., No. 08-0298

Stay Issued: May 27, 2008

This mandamus petition concerns a contractual choice-of-forum clause that (the relators contend) should be enforced under Texas’s “major transaction” statute. See Tex. Civ. Prac. & Rem. Code § 15.020. Like many commercial relationships, this one involved a number of contracts. [...]

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Last week, I wrote about In re Loban, No. 08-0336 which was one of the few cases in which the Court had requested briefing in the past month.

This past week, the Court really made up for lost time, requesting full briefing in eighteen cases. I guess that makes Memorial Day Weekend a little happier [...]

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In re Tex. Dep’t of Fam. & Protective Health Servs., No. 08-0391 (orig. proceeding)

Filed: May 23, 2008

This afternoon, the Texas Department of Family & Protective Health Services sought mandamus relief from the Texas Supreme Court to overturn yesterday’s decision of the Austin Court. The State also sought an emergency stay.

The Austin paper has this [...]

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In re Citigroup Global Markets, No. 06-0886 (per curiam) (orig. proceeding)

Decided: May 16, 2008

The court of appeals held that Citigroup’s (successful) attempt to remove a case to federal court, its (successful) attempt to get an MDL transfer of that case, and then its (successful) request that the MDL court remand the case back to state [...]

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In re Steed, No. 03-08-00235-CV (Tex. App.—Austin) (orig. proceeding)

Mandamus Issued: May 22, 2008

It was a per curiam opinion of the Third Court in Austin. The opinion came out today at 11:30AM.

In a nutshell, the Court held that the State had failed to carry its burden that all of the children were in physical danger, [...]

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In re Cahill, No. 08-0372

Mandamus Denied 05-19-2008

Today’s Corpus Christi Caller Times reports on a new election mandamus petition filed in the Texas Supreme Court last Friday by Vanessa Cahill against the chair of the Nueces County Republican Party. It seeks records from the county convention so that Cahill can challenge the delegate selection.

It turns [...]

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In re Jason Loban, No. 08-0336.

Briefing Requested: May 16, 2008

The Texas Supreme Court has just requested full briefing in a case involving what procedural protections a pet owner has when a local animal-control official declares a pet to be dangerous.

The Legislature has created of a statutory right to appeal an adverse determination from a municipal [...]

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