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Reverse & Render
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Reverse & Render
Another disagreement over what constitutes no evidence of causation
I have said on various occasions (during admittedly nerdy conversations with colleagues) that this expert opinion or that piece of evidence surely constitutes no evidence as a matter of law and that no…
Reverse & Render
Election mandamus is turned away
Each election season is sure to bring a slew of new mandamus opinions as decisions of our election officials are challenged. That's what happened in In re Cercone. Albert Cercone, who…
Reverse & Render
Texas District Courts Lack Jurisdiction to Grant Divorces to Same-Sex Couples
By Byron Henry
The Dallas Court of Appeals reversed a district court's order denying a plea to the jurisdiction that had been filed by the Texas attorney general, who had intervened in the…
Reverse & Render
Discovery of Federal Tax Returns Limited
By Byron Henry
The Tyler Court of Appeals recently confirmed that individual federal tax returns are discoverable to the extent they are relevant and material. In this case, the tax returns were relevant to…
Reverse & Render
Sanctions Payable Prior to Final Judgment Abuse of Discretion
By Byron Henry
The Fort Worth Court of Appeals recently held that an order directing that sanctions be paid prior to final judgment is an abuse of discretion unless the court makes express…
Reverse & Render
Just say “no” to net worth
After waiting more than a decade for some guidance from the Texas Supreme Court on the meaning of "net worth" in discovery matters, we thought we were going to get…
Reverse & Render
Demonstration of Personal Knowledge in Affidavits
Beware of using "form" language in an affidavit to establish the affiant's personal knowledge of the facts. A statement such as "I have personal knowledge of the facts in this…
Reverse & Render
Restrictions on the Use of Special Masters
Texas Rule of Civil Procedure 171 allows a court to appoint a master in chancery "in exceptional cases, for good cause." In its In re Behringer Harvard Tic Management Services LP opinion,…
Reverse & Render
Final Judgments: Be Careful What You Ask For
Sometimes when a party gets a default judgment against another party, there's a rush to make the judgment final. But as American Express Centurion Bank and American Express Bank found…
Reverse & Render
Another Mandamus on Net Worth
By Byron Henry
The Dallas Court of Appeals recently held that a trial court abused its discretion by ordering production of irrelevant net worth information. The Court first acknowledged that "net worth is relevant…