Briefs for today’s oral argument about mail-in voting
Categories
- Case Notes 192
- Docket Tracking 7
- Electronic Briefs 15
- Judicial Elections 41
- Legal Tech 22
- Legal Writing 9
- News and Links 228
- Order Lists 359
- Practice Notes 76
- SCOTXblog Announcements 15
- Weekly Previews 62
Case Notes
Landmark Texas water rights case may lead to future takings claims or legislative fixes: Edwards Aquifer v. Day [Feb. 24, 2012]
With today’s orders list, the Texas Supreme Court issued one long-awaited decision about water rights in Texas. It did not grant any other cases for review....
Decision expected (really) soon on the Allcat business-tax challenge
We’re expecting the Texas Supreme Court’s decision in the Allcat case soon – really soon.
The Dallas Court weighs in on the scope of health-care liability
The Dallas Court has recently decided that laser hair removal is not covered by Texas’s medical-malpractice statute.
Is a lawyer in a high-profile dispute a ‘public figure’ for libel purposes?
Is a lawyer in a high-profile dispute a ‘public figure’ for libel purposes? That was the question raised in a recent Texas appellate case — and it’s one th...
Broad immunity for government doctors; substitution of parties; implied findings [Jan. 21, 2011]
With Friday’s orders list, the Texas Supreme Court issued ten decisions — which as I noted in a tweet, each included an “M.D.”, an “R.N.”, or a hospital in t...
October argument sitting: electronic voting machines, credit scoring, and more
(1) electronic voting machines, (2) calculating child-support payments, and (3) racially disparate impacts of credit scoring.
Ninth Circuit certifies a question about Texas insurance law to the Texas Supreme Court
Yesterday, an en banc panel of the Ninth Circuit certified a question of Texas insurance law to the Texas Supreme Court. If the Texas Supreme Court accepts ...
Briefing Request About Probate Recusals
A mandamus petition asking that question about Texas statutory probate courts is now pending in the Court. It also raises some question about the interactio...
In re Gayle E. Coppock
In re Gayle E. Coppock, No. 08-0093. (DB) Issued February 13, 2009. Opinion by Justice O’Neill. This is a case about enforcing a divorce decree that proh...
New Briefing Requests 8-22-2008
Although the Court’s first order list since returning from the summer was very short, it quietly moved eleven cases forward on the docket. After not having ...
Free Exercise Clause Bars False Imprisonment Claim: Pleasant Glade Assembly of God v. Schubert, No. 05-0916
Pleasant Glade Assembly of God v. Schubert, No. 05‑0916. Majority opinion by Justice Medina, joined by Justice Hecht, Justice O’Neill, Justice Wainwright, J...
Even “Temporary” Grandparent Visitation Orders Require Due Process to the Parent
In re Chambless, No. 07‑0767 (per curiam) Decided: June 27, 2008 The Texas Supreme Court frames the question as “whether the trial court abused its discret...
In re Office of the Attorney General, No. 08-0165 (per curiam)
In re Office of the Attorney General, No. 08‑0165 (per curiam) Decided: June 27, 2008 Earlier coverage: “Mandamus About Texas’s Child Support System” (3-3-...
Providence Health Center v. Dowell, No. 05-0386 -and- Pettit v. Dowell, No. 05-0788
Providence Health Center v. Dowell, No. 05-0386, <br/ >consolidated with, Pettit v. Dowell, No. 05-0788 Decided: May 23, 2008 The Court split 5-1-3 i...
Memorial Weekend Briefing Requests
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...
In re Citigroup Global Markets, No. 06-0886 (per curiam)
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) a...
Briefing Requested in Dangerous-Animal Case from Fort Worth
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 procedur...
City of Dallas v. Reed, No. 07-0469 (per curiam)
City of Dallas v. Reed, No. 07-0469 (per curiam) Decided: May 16, 2008 In this interlocutory appeal, the Texas Supreme Court rejected the argument that a tw...
Higgins v. Randall County Sheriff’s Office, No. 06-0917
Higgins v. Randall County Sheriff’s Office, No. 06-0917 (Higgins II) Decided: May 16, 2008 Normally, appellate filing fees are a prerequisite to an appeal. ...
More Pro Bono Referrals
Although the Court didn’t issue its weekly order list last Friday, it certainly issued a large number of other orders that day. In addition to requesting fu...
Hall Street and Bison Building Materials
Yesterday, the U.S. Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc., a case under the Federal Arbitration Act, holding 6-3 that parties ...
A Good Friday for Briefing Requests
After trickling out just one briefing request on Wednesday [here] and another on Thursday [here], the Court quietly issued fifteen more briefing requests som...
Briefing Requests from Monday’s Conference
It will be a white Christmas whenever this flurry of briefs gets filed. The Court requested full briefing in at least sixteen cases at its conference yesterd...
Texas 6th Court of Appeals: Anonymous Blogger Wins Order To Protect Identity, For Now
In an interesting decision today, the Texarkana Court issued a writ of mandamus protecting the anonymity of a blogger who had been critical of a local hospit...
Docket Tracking
Tracking petitions under the new SCOTX rules
New petition rules at the Texas Supreme Court The big news, really, is that the Texas Supreme Court dramatically changed its petition process in January. U...
A Statpack for the Texas Supreme Court’s 2025 term
“What are the Odds?” updated through 2025 The state bar appellate section invited me to speak in September 2025. As has become my own little Labor Day tradi...
Electronic Briefs
SCOTX extends its electronic-briefing order to motion practice
Effective Monday, virtually all papers filed with the Texas Supreme Court must be accompanied by a PDF. (Only motions to extend time are excluded.)
Judicial Elections
Texas Supreme Court election returns, and other Texas judicial races
Texas Supreme Court election returns (wins by incumbents Green, Guzman, and Lehrmann). An incumbent loses in Corpus Christi. And Third Court results.
U.S Supreme Court Weighs in on State Judicial Elections
In today’s decision in New York State Board of Elections v. Lopez Torres, available here, the United States Supreme Court reversed a Second Circuit decision ...
Legal Tech
My U.S. Supreme Court tracking project: CertPool.com
An update about CertPool.com, my project for tracking the U.S. Supreme Court docket. You can see amicus filings, find out which cases are pending from your ...
Legal Writing
Worried about word counts? Your choice of word processor matters a great deal.
A small experiment to see which word processors have the highest and lowest word counts.
New class action says all appellate briefs and trial papers are copyrighted
If legal publishers can’t resell appellate briefs and pleadings without offending copyright, can courts give them away?
How to Cite to Wikipedia in Appellate Briefs
If you want to cite Wikipedia in an appellate brief, how can you be sure what article your reader will see next month or even the next day?
“Common Blunders in Texas Supreme Court Briefs”
Last Friday, Texas Lawyer published a helpful article: “Common Blunders in Texas Supreme Court Briefs”. It was written by Martha Lackritz, who just finished...
News and Links
Roundup: primary runoff, Justice Willett op-ed about the ACA decision, and TAMES is coming this week
New class action says all appellate briefs and trial papers are copyrighted
If legal publishers can’t resell appellate briefs and pleadings without offending copyright, can courts give them away?
“Common Blunders in Texas Supreme Court Briefs”
Last Friday, Texas Lawyer published a helpful article: “Common Blunders in Texas Supreme Court Briefs”. It was written by Martha Lackritz, who just finished...
Is a lawyer in a high-profile dispute a ‘public figure’ for libel purposes?
Is a lawyer in a high-profile dispute a ‘public figure’ for libel purposes? That was the question raised in a recent Texas appellate case — and it’s one th...
Winning (on appeal) isn’t everything: Massey Coal and Kelo disappoint the winners
It’s sometimes easy to forget that winning in the Supreme Court — even the U.S. Supreme Court — doesn’t always get you what you want. This week brought news...
Other thoughts on Justice Brister’s departure
The official notice from the Texas Supreme Court has now been posted. Justice Brister also spoke with Texas Lawyer about his reasons for leaving. The most ...
U.S. Supreme Court Finds Constitution Requires Judicial Recusal
In its orders this morning, the U.S. Supreme Court has reversed the West Virginia Supreme Court’s decision in Caperton v. A.T. Massey Coal, holding that the ...
California Appeal Challenging In-State Tuition Benefits That Reach Illegal Immigrants
The Los Angeles Times has this story about a pending California Supreme Court case, Martinez v. Board of Regents of the University of California, that may be...
Does a Diverse Court Attract More Followers?
I’m impressed. I posted a few weeks ago about a study of state supreme court influence that ranked California first — and Texas well down the list. I also ...
More Focus on Court Backlog [Corrected]
The local ABC affiliate in Dallas had an extended news story about the Court’s backlog that included interviews with Chief Justice Jefferson and Justice Wain...
U.S Supreme Court Weighs in on State Judicial Elections
In today’s decision in New York State Board of Elections v. Lopez Torres, available here, the United States Supreme Court reversed a Second Circuit decision ...
Texas 6th Court of Appeals: Anonymous Blogger Wins Order To Protect Identity, For Now
In an interesting decision today, the Texarkana Court issued a writ of mandamus protecting the anonymity of a blogger who had been critical of a local hospit...
Order Lists
Six opinions: Procedural traps in challenging forfeiture; expert report requirements when suing architects and engineers [Jan. 25, 2013]
The Texas Supreme Court issued opinions in six cases with last Friday’s orders list. Opinions in Argued Cases [texapp docket_no=”11-0642”] Although the su...
Year-End Orders – 18 sets of opinions, 5 new cases set for argument [Aug. 31, 2012]
With today’s orders list, the Texas Supreme Court issued opinions in seventeen cases, set five cases for oral argument (into next January), and dismissed a c...
Texas Supreme Court rejects notice by publication for many parental-termination cases [Jul. 6, 2012]
Landmark Texas water rights case may lead to future takings claims or legislative fixes: Edwards Aquifer v. Day [Feb. 24, 2012]
With today’s orders list, the Texas Supreme Court issued one long-awaited decision about water rights in Texas. It did not grant any other cases for review....
Broad immunity for government doctors; substitution of parties; implied findings [Jan. 21, 2011]
With Friday’s orders list, the Texas Supreme Court issued ten decisions — which as I noted in a tweet, each included an “M.D.”, an “R.N.”, or a hospital in t...
Public easements do not always “roll” with the beachfront; grandparent visitation order overturned [Nov. 5, 2010]
Two decisions today: (1) there isn’t a “rolling” easement on Texas beaches after a hurricane and (2) a grandparent visitation order is overturned.
Five new grants; a remand in the interest of justice; more on contractual subrogation [May 28, 2010]
Order List for May 1, 2009
With today’s order list, the Court: issued merits opinions in seven cases (discussed below), including a toxic torts-based takings claim against a c...
Order List for November 14, 2008 (part 2)
Following up on my earlier post, here are the summaries of Friday’s opinions. The decisions involved piercing the corporate veil, what constitutes “personal...
Order List for October 17, 2008
The Court issued one opinion with today’s order list. That case is DiGiuseppe d/b/a Southbrook Development Co. v. Lawler, No. 04-0641. In this 5-4 decision...
Order List of 5-2-2008
The Court issued two opinions with today’s order list, the long-discussed case Perry Homes v. Cull and a slightly revised opinion on rehearing in Igal v. Br...
A Good Friday for Briefing Requests
After trickling out just one briefing request on Wednesday [here] and another on Thursday [here], the Court quietly issued fifteen more briefing requests som...
Order List of 1-11-2008: Three Grants, and Two Decisions
The Texas Supreme Court handed down decisions in two cases this morning. In addition, it granted review in three new cases (one of which was a certified que...
Addendum to 1-11-08 Order List
While writing about the five things the Court did today, I neglected to mention that it also issued two opinions related to actions it did not take. Both we...
Order List of 1-4-2008: A Trap for New Trial Motions
Deviating slightly from its posted calendar, the Texas Supreme Court did issue an order list today containing an opinion that could be very important to tria...
Practice Notes
Guidance from the Texas Supreme Court about how the new petition rules will work
IOPs vs. “inferred” operating procedures For a number of years, the Texas Supreme Court published a set of “internal operating procedures” (IOPs) on its web...
A Statpack for the Texas Supreme Court’s 2025 term
“What are the Odds?” updated through 2025 The state bar appellate section invited me to speak in September 2025. As has become my own little Labor Day tradi...
How to Cite to Wikipedia in Appellate Briefs
If you want to cite Wikipedia in an appellate brief, how can you be sure what article your reader will see next month or even the next day?
Rule change: Permissive interlocutory appeals
New rules should make it easier to get early interlocutory review of key issues in a case.
“Common Blunders in Texas Supreme Court Briefs”
Last Friday, Texas Lawyer published a helpful article: “Common Blunders in Texas Supreme Court Briefs”. It was written by Martha Lackritz, who just finished...
SCOTX extends its electronic-briefing order to motion practice
Effective Monday, virtually all papers filed with the Texas Supreme Court must be accompanied by a PDF. (Only motions to extend time are excluded.)
Interlocutory appeals: Does the Texas Supreme Court have a special role in correcting lower court errors about federal law?
One trap for unwary litigants new to the Texas Supreme Court is the limited authority it has over interlocutory appeals. (( Interlocutory appeals are brought...
SCOTXblog Announcements
Tracking petitions under the new SCOTX rules
New petition rules at the Texas Supreme Court The big news, really, is that the Texas Supreme Court dramatically changed its petition process in January. U...
Weekly Previews
What’s on the SCOTX argument calendar for September?
Previews of the September oral argument calendar
This Week at SCOTX [Aug. 22, 2011]
It’s the last full week of the Term, so I’m expecting a busy Friday. The Court released a bunch of new briefing requests. And I discover the jurisprudence ...