Case Notes

Briefs for today’s oral argument about mail-in voting

May 20, 2020

School finance: The State wins; the ISDs lose; the Legislature now has a wider range of options to reform the system

May 13, 2016

Grants made on a Tuesday afternoon [Jan. 19, 2016]

January 21, 2016

Texas’s same-sex divorce cases result in a deep divide — over the power of the Attorney General [Jun. 19, 2015]

June 19, 2015

The Fifth Circuit asks whether Texas’s civil penalty statutes are covered by its limits on exemplary damages

February 23, 2015

School finance litigation returns to the Texas Supreme Court

October 5, 2014

Does an employee’s awareness of a premises defect eliminate the employer’s duty to maintain a safe workplace? [Apr. 4, 2014]

April 4, 2014

Texas Supreme Court halts disclosure of identity of pharmacies supplying execution drugs

March 30, 2014

Can the Legislature prevent a court from striking down a statute on constitutional grounds until 45 days after the AG has been notified?

March 25, 2014

SCOTX takes the Deepwater Horizon case [Sep. 6, 2013]

September 6, 2013

The fight over the BP/Deepwater Horizon oil spill reaches the Texas Supreme Court

August 29, 2013

The Texas Supreme Court accepts two “gay divorce” cases for argument this fall

August 23, 2013

Question about which rules apply to modifications to a home mortgage has been certified to the Texas Supreme Court

August 21, 2013

Texas Supreme Court further tightens some of Texas’s home-equity lending rules

June 21, 2013

Four grants: scope of protective orders for trade secrets; expert reports when suing architects; and more [Apr. 19, 2013]

April 22, 2013

Texas rejects emotional damages for the negligent killing of a family pet

April 5, 2013

Gunn v. Minton: SCOTUS reverses, concluding that the Texas legal malpractice claim did not ‘arise under’ federal law

February 20, 2013

SCOTX rejects a constitutional challenge to the Texas franchise-tax system [Oct. 19, 2012]

October 19, 2012

SCOTUS takes a Texas case: Is patent malpractice an exclusively federal issue?

October 5, 2012

Cases argued last year that are still waiting on a decision

September 5, 2012

Certified question about at-will employment status in Texas

July 29, 2012

Nestle II: Revisiting the Texas business-margins tax

July 13, 2012

Opinion issued in the Palomo elections case; no new petitions granted [Apr. 27, 2012]

April 27, 2012

NPR story about Virginia’s “Episcopal Battle”

April 10, 2012

An order restoring a judicial candidate to the ballot

April 10, 2012

No opinions – stay denied in the El Paso election case [Mar. 23, 2012]

March 23, 2012

CVSG in a Texas Supreme Court case about parental-termination orders

March 16, 2012

Takings by pipelines for private use (still not permitted); Petition about shareholder oppression gets a second chance [Mar. 2, 2012]

March 2, 2012

Another vexing question about medical-expense evidence in Texas

February 27, 2012

Landmark Texas water rights case may lead to future takings claims or legislative fixes: Edwards Aquifer v. Day [Feb. 24, 2012]

February 24, 2012

Chosen for argument: Oil and gas duties, valuing property taken by a pipeline company, child support enforcement, tort claims act, and family law mediation

January 27, 2012

Dueling amicus briefs about the role of mediation in family law

January 26, 2012

No opinions; Court grants rehearing on its recent statute-of-frauds opinion

January 20, 2012

SCOTX accepts a direct appeal in one of the Episcopal Church property disputes [Jan. 6, 2012]

January 6, 2012

Texas Supreme Court upholds the state franchise tax [Nov. 28, 2011]

November 28, 2011

Decision expected (really) soon on the Allcat business-tax challenge

November 22, 2011

We’re expecting the Texas Supreme Court’s decision in the Allcat case soon – really soon.

Opinion about gas rates; Upcoming argument about how direct-to-consumer advertising affects drug-maker liability [Nov. 18, 2011]

November 18, 2011

Update on the second case challenging the margins tax

November 1, 2011

Motion for rehearing, in screenplay format

October 28, 2011

Issues in the October sitting; new Fifth Circuit blog; first report on the 2012 SCOTX elections

October 6, 2011

New cases about age discrimination, actual innocence in juvenile cases, and condemnation by electric utilities [Sep. 30, 2011]

September 30, 2011

The Severance open-beaches case is coming back to Texas

September 29, 2011

Argument preview: Appellate attorney fees, drivers license revocation hearings

September 14, 2011

Argument preview: Home-equity lending rules in Texas

September 13, 2011

The constitutional challenge to Texas’s business tax is on a fast track [Updated]

August 22, 2011

Briefing requests: Same-sex divorce in Texas, evidence needed to challenge tax appraisals

August 8, 2011

Original proceeding that challenges the Texas business-margins tax

August 5, 2011

SCOTX asks the Fifth Circuit to move first in resolving the mootness of the Texas open-beaches case [Jul. 29, 2011]

July 29, 2011

The Dallas Court weighs in on the scope of health-care liability

July 28, 2011

The Dallas Court has recently decided that laser hair removal is not covered by Texas’s medical-malpractice statute.

Case challenging Texas straight-ticket voting moves forward

July 26, 2011

The Perry travel-voucher case (almost) takes a very strange twist

July 26, 2011

Certified question: Does a business’s insurance cover claims that it mishandled donated organs?

July 7, 2011

Today’s decisions: Recognizing safety as an aspect of privacy; electronic voting machines upheld; medical damages limited

July 1, 2011

A few magic words in an appellate brief can create mandamus jurisdiction

May 27, 2011

Start with a question about disparate-impact claims for insurance redlining, get two sharp concurrences about legislative history

May 27, 2011

Four decisions, two grants [May 27, 2011]

May 27, 2011

The Texas same-sex divorce cases have attracted their first amicus brief

May 25, 2011

Texas chooses not to follow Hall Street, permits arbitration agreements to have formal appellate review by Texas courts

May 13, 2011

Waiver of insurance appraisal clauses; stay granted in an(other) employee-arbitration case [May 6, 2011]

May 9, 2011

An important opinion about agency deference in Texas [Mar. 11, 2011]

March 11, 2011

Can a worker who was fired for refusing to do an illegal act recover exemplary damages? [Mar. 11, 2011]

March 11, 2011

Compensation for wrongfully convicted prisoners [Mar. 4, 2011]

March 4, 2011

The Court decides to look more closely at the statute of limitations on royalty payments [Feb. 11, 2011]

February 11, 2011

Three arguments tomorrow, including a former Justice’s first return to the Court as an advocate

February 2, 2011

Is a lawyer in a high-profile dispute a ‘public figure’ for libel purposes?

January 29, 2011

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...

An affidavit of indigency must be challenged within 10 days [Jan. 28, 2011]

January 28, 2011

Broad immunity for government doctors; substitution of parties; implied findings [Jan. 21, 2011]

January 24, 2011

First petition of the year: Chea v. Poon

January 4, 2011

Tuesday’s oral argument sitting [Jan. 4, 2011]

January 3, 2011

Can the Texas homestead exemption be set aside if the debtor made a misrepresentation?

November 17, 2010

This week’s oral argument sitting [Nov. 9-10, 2010]

November 12, 2010

October argument sitting: electronic voting machines, credit scoring, and more

October 12, 2010

(1) electronic voting machines, (2) calculating child-support payments, and (3) racially disparate impacts of credit scoring.

Issue: Arbitration clauses in employee handbooks

September 30, 2010

Marks (part 2): The Marks case, the Marks rule, and cases without holdings

September 30, 2010

Marks (part 1): Why the fuss about granting rehearing?

September 22, 2010

SCOTX denies Judge Keller’s request for relief

August 16, 2010

Judge Sharon Keller’s petition to the Texas Supreme Court

July 29, 2010

Certified question about oil & gas royalties

July 29, 2010

Stay issued allowing the Green Party to (at least temporarily) be listed on the ballot

July 2, 2010

Update on the Green Party mandamus petition

June 29, 2010

U.S. Supreme Court targeted by litigant in Texas Supreme Court

May 6, 2010

Ninth Circuit certifies a question about Texas insurance law to the Texas Supreme Court

April 10, 2010

Rehearing granted in the Marks hospital-bed case

April 9, 2010

Zinc Nacional: The minimum contacts for personal jurisdiction must also be relevant to the tort

April 9, 2010

A district court order vacating a Texas arbitration award and ordering a new proceeding can be immediately appealed

March 12, 2010

An ultra vires suit must be pleaded against state officials in their official capacities, not the state itself

March 12, 2010

Testimony about a driver’s illegal-immigrant status was harmful error and cause for a new trial

March 12, 2010

When does a trial court’s discovery schedule extend the 120-day statutory deadline for medical expert reports?

March 12, 2010

Oral arguments scheduled for Feb. 17 and Feb. 18

February 16, 2010

Takings claim for a house already determined to be a nuisance; bank liability for disbursing estate funds to an imposter [arguments for Feb. 16, 2010]

February 15, 2010

SCOTUS denies review of petition challenging Texas parental-termination system

January 25, 2010

Citizens United and Judicial Elections [updated]

January 21, 2010

On the docket: Liability of horse owners, getting attorneys fees for medical-malpractice defense

January 20, 2010

On the docket: Can a child too young to consent to sex have the requisite intent to commit prostitution?

January 19, 2010

On the docket: Does the tow company have a vested property interest in a towed car?

January 18, 2010

A quick start: 2010’s first petition has already been resolved

January 5, 2010

On the docket: cities being sued for back pay; remedies for breaching duty to a partner; who must a manufacturer of defective products reimburse

December 17, 2009

On the docket: Selling your lottery winnings; retaliatory discharge; land under easement hauled away for building materials

December 16, 2009

On the docket: Ratio for punitive damages; landowner’s duty to clear ice; later-discovered heirs

December 15, 2009

On the docket: Texas Open Beaches Act; mold coverage; pleading a taking

November 19, 2009

Case: Statute of Repose in Medical Malpractice in Texas

November 19, 2009

On the docket: Suing to enforce a city referendum; med mal experts; jurisdiction over corporate officers

November 18, 2009

After Hall Street, does the Texas Arbitration Act let the parties agree to judicial review?

October 8, 2009

US Supreme Court asks for views of Texas SG

October 5, 2009

Rehearing denied in the Stowers-doctrine case as it approached the 180-day deadline

September 29, 2009

A forum-selection clause can be enforced even if it’s on a page never shown to the other side

September 17, 2009

Petition about which website publishers get an interlocutory appeal as members of the media under Texas law

September 16, 2009

Case about a freelance journalist’s hard drive reaches the Texas Supreme Court

September 16, 2009

Does a defective hospital bed fit within Texas’ medical malpractice statute?

August 28, 2009

The “pole tax” petition is among those in which the Court requested briefing this week

August 27, 2009

Disciplinary Appellate Panels Can Deviate Slightly From the Required 2-to-1 Ratio of Lawyers to Laypersons

June 26, 2009

The “Pole Tax” Petition for Review

June 12, 2009

Juvenile Offenders Don’t Get Appointed Counsel for Post-Conviction Habeas Proceedings

June 12, 2009

First American is up for conference at SCOTUS

April 30, 2009

Certified Question About Texas Open Beaches Act [Update]

April 24, 2009

Another CVSG

March 29, 2009

Briefing Request About Probate Recusals

March 7, 2009

In re Gayle E. Coppock

February 13, 2009

Pine Oak Builders, Inc. v. Great American Lloyds Ins. Co.

February 13, 2009

When Should Texas Courts Assume Mexican Courts Don’t Work?

January 15, 2009

Happy New Term!

January 6, 2009

Amicus Argument Granted … and Denied [Updated 12/9]

December 5, 2008

“Another insurance case to watch…”

December 3, 2008

The Texas Tolling Statute Is Back

November 14, 2008

Cert Petition in Schubert v. Pleasant Glade Assembly of God

November 10, 2008

New Petition: Brocail v. Detroit Tigers, Inc., No. 08-0926

November 5, 2008

Justice v. Justice

October 13, 2008

The Texas Tolling Statute, Kerlin, and Cadles

October 10, 2008

Barr Petition Denied

September 23, 2008

Bob Barr Sues To Win the Texas Electoral Votes [Updated]

September 17, 2008

Labor Day Weekend Briefing Requests

September 1, 2008

New Briefing Requests 8-22-2008

August 25, 2008

Brimer Mandamus Denied, For Now

August 19, 2008

Election Case Update

July 22, 2008

Free Exercise Clause Bars False Imprisonment Claim: Pleasant Glade Assembly of God v. Schubert, No. 05-0916

June 27, 2008

Even “Temporary” Grandparent Visitation Orders Require Due Process to the Parent

June 27, 2008

In re Office of the Attorney General, No. 08-0165 (per curiam)

June 27, 2008

Rehear, Rinse, Repeat: Was rehearing in Evanston Insurance v. ATOFINA Petrochemicals barred by Rule 64.4?

June 14, 2008

Republican Convention Skirmish in First Court

June 12, 2008

Finally, a Good Reason to Read the Footnotes

June 9, 2008

Submarine Report: Other Thoughts on Friday’s Orders

June 9, 2008

Providence Health Center v. Dowell, No. 05-0386 -and- Pettit v. Dowell, No. 05-0788

June 3, 2008

Progressive County Mutual Insurance Co. v. Kelley, No. 08-0073

June 3, 2008

Four New Briefing Requests

June 3, 2008

Court Denies Mandamus in the FLDS Case

May 29, 2008

Court Requests a Response in FLDS Case [Updated 5/29]

May 28, 2008

Briefing Requests for 5-27-2008

May 28, 2008

Another Case About Forum-Selection Clauses

May 27, 2008

Memorial Weekend Briefing Requests

May 24, 2008

State Seeks Reversal of Mandamus [Updated]

May 23, 2008

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

May 22, 2008

Mothers Win FLDS Appeal in Austin Court

May 22, 2008

Another Election Mandamus Sent Back Down

May 20, 2008

Briefing Requested in Dangerous-Animal Case from Fort Worth

May 17, 2008

A little Disney music

May 16, 2008

City of Dallas v. Reed, No. 07-0469 (per curiam)

May 16, 2008

Higgins v. Randall County Sheriff’s Office, No. 06-0917

May 16, 2008

“Texas Court Overturns Vioxx Ruling”

May 14, 2008

Caption of the Day…

May 13, 2008

Macias election trial can proceed

May 13, 2008

Clear Channel Argument Set [slight update]

May 13, 2008

Macias election case update

May 6, 2008

Third Court To Hear Expedited FLDS Appeal

April 24, 2008

More Pro Bono Referrals

March 27, 2008

Hall Street and Bison Building Materials

March 26, 2008

A Good Friday for Briefing Requests

March 22, 2008

More Action on the Pending Child-Support Mandamus Action

March 21, 2008

Wills and estates + error preservation = BOM

March 20, 2008

Mandamus About Texas’s Child-Support System

March 3, 2008

Texas MDL Panel Consolidates Ford Cases

February 25, 2008

Last Week’s New Briefing Requests

February 25, 2008

“Texas Lawyer Blog: Strike two” [Updated]

February 6, 2008

Order List of 2-1-2008 (part 2): DaimlerChrysler and standing

February 3, 2008

Briefing Requests, Including the First Appearance of the New Pro Bono Program

February 2, 2008

Another Election-Related Mandamus, Another 52.3(e) Dismissal

February 1, 2008

More on the Wendy Davis Mandamus in Fort Worth

January 23, 2008

Briefing Requests from Late Last Week

January 22, 2008

MFR Filed in Igal v. Brightstar

January 18, 2008

Houston Election Mandamus Also Denied

January 14, 2008

Fort Worth Election Mandamus Denied

January 14, 2008

Another Election Mandamus [Updated]

January 14, 2008

Briefing on the Merits Requested in Brookshire Merits Appeal

January 8, 2008

Exxon v. Emerald Oil featured in Austin press

December 31, 2007

HLR Takes on Westbrook v. Penley

December 20, 2007

Amicus filing by Professor Beal in Igal v. Brightstar [Updated x2]

December 18, 2007

Briefing Requests from Monday’s Conference

December 18, 2007

Texas 6th Court of Appeals: Anonymous Blogger Wins Order To Protect Identity, For Now

December 12, 2007

Rehearing Filings in Entergy

December 11, 2007

Quorum Report: Legislature Surprised by Entergy Decision

December 6, 2007