Here’s one to put in your mandamus file. The Dallas Court of Appeals has held that the trial court abused its discretion by denying a special exception and that the relators had no adequate remedy by appeal. Of course, there’s
Reverse & Render
Insight & Commentary on Texas Appellate Law
Reverse & Render is a blog published by Cowles & Thompson P.C. that focuses on detailed analysis and commentary related to Texas appellate and Supreme Court decisions. The blog covers topics such as court statistics, opinion trends, procedural rules, and significant rulings affecting commercial litigation, arbitration, and appellate practice in Texas. It provides insights into court operations, case outcomes, and legal standards, particularly emphasizing the Texas Supreme Court's activities and intermediate appellate courts. The blog also discusses practical issues like citation preferences in appellate courts and evolving jurisprudence on arbitration agreements.
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Get Your Damages On The Record
By Byron Henry
The Dallas Court of Appeals has held that the lack of a reporter’s record from a trial on unliquidated damages requires reversal of the judgment. In this case, the defendant defaulted and a trial was held on unliquidated damages. No…
Appellate Continuing Education in Dallas
What could be better than the State Fair of Texas? How about the Dallas/Fort Worth Joint Appellate Seminar? Okay, maybe not, but this continuing education opportunity will give you a chance to hear from the staff attorneys at the…
Conference Requirements and Consideration of Lesser Sanctions
After Union Carbide served a treating physician with a subpoena duces tecum that encompassed records spanning over 30 years, plaintiffs’ counsel filed a motion for sanctions, asserting that the discovery requests were overbroad, harassing, and annoying, and he sought costs…
News Flash: Service Rules Require Strict Compliance
By Byron Henry
The Dallas Court of Appeals has, once again, confirmed that “strict compliance” with rules governing service of process is required. See my prior posts on the subject here and here. In this case, the district clerk served an out-of-state defendant via…
Fifth Circuit Exception to Locality Rule for Attorney’s Fees
The Fifth Circuit Court of Appeals has held that when it becomes necessary to secure out-of-district counsel to adequately represent a civil rights plaintiff, the prevailing rates charged by that firm are the starting point for the lodestar calculation for…
11-1 Verdict on Liability Bars Recovery of Exemplary Damages
By Byron Henry
The Dallas Court of Appeals recently held that a jury verdict of 11-1 on negligence bars recovery of exemplary damages based on gross negligence. In this case, the jury returned a verdict against the defendant for negligence by a vote of 11…
Federal Appellate Jurisdiction Over Magistrate Orders
A federal court of appeals does not have jurisdiction over an appeal from a magistrate judge’s order of dismissal unless the parties have clearly and unambiguously consented to proceed before the magistrate judge. In Barber v. Shinseki, the plaintiff brought a…
Laser Hair Removal is not a Health Care Liability Claim
The Dallas Court of Appeals recently joined with the Fort Worth Court of Appeals and theCorpus Christi Court of Appeals in holding that a claim arising from a laser hair removal procedure is not a Health Care Liability Claim…
“Arising out of” = “Resulting from”
My insurance coverage friends will appreciate this one: The Texas Supreme Court has held that there is “no significant distinction” between an automobile insurance policy that provide coverage for bodily injury “arising out of” ownership, maintenance or use of a…