In prior posts, Byron Henry and I have opined on a split among the intermediate courts of appeals regarding whether 41.0105 of the Texas Civil Practice and Remedies Code abrogates the collateral source rule and whether evidence of medically expenses initially
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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Experts in Class Actions Subject to Daubert
A lot has already been written about the Wal-Mart Stores, Inc. v. Dukes opinion decided this week, but there’s one little ditty that class action practitioners will want to take note of. As part of their motion for class certification,…
Wrongful Termination of Employee for Voting
Everybody knows that your employer has to give you time to go vote, right? What if your employer doesn’t give you the time to vote, and you take it anyway and are fired because of it? Is there a private…
Dallas Bar Appellate Law Section CLE
The Appellate Law Section of the Dallas Bar Association has it’s monthly CLE luncheon scheduled for Thursday, June 16th, at noon. The speakers will be Rob Gilbreath and Kendall Gray. The unique subject of their presentation is titled “Don’t…
Cracking the “Health Care Liability” Nut
The Texas Legislature may have defined what constitutes a Health Care Liability claim, but as is so often true, facts and circumstances are not always as cut-and-dried as a black-letter definition. The Austin Court of Appeals grappled with this sticky…
Attorney as witness does not compel disqualification
By Byron Henry
The San Antonio Court of Appeals reaffirmed that the fact that an attorney for one of the parties may also be a witness does not require disqualification under Rule 3.08 of the Disciplinary Rules of Professional Conduct. In this case, counsel…
Appellate Continuing Education Opportunities
Got a couple of good Appellate CLE opportunities coming up:
- The Dallas Bar Appellate Law Section will host Leane Capps Medford at its monthly lunch seminar on Thursday, May 19, 2011, at noon. The subject of Ms. Medford’s talk will
…
The Fundamentals: Make A Record for Appeal
The opinion in Gonzalez v. Wells Fargo Bank, NA, reminds me of the philosophical riddle asking whether a tree that falls in the forest when nobody is there to hear it makes a sound.
In this appeal of a forcible detainer action, the appellant argued…
Child Support Obligations Revisited
The Texas Supreme Court has revisited statutory standard for determining when a parent is unemployed or underemployed for purposes of determining child support obligations.
Section 154.066 of the Texas Family Code provides that “[i]f the actual income of the obligor…
Enforcement of Settlement Agreements
There’s been a spate of recent opinions involving enforcements of settlement agreements. Byron reported on a couple of opinions earlier this week. Today I report on Green v. Midland Mortgage Co. decided by the Fourteenth Court of Appeals in Houston…