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Reverse & Render
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Reverse & Render
Mandamus to prevent exercise of jurisdiction where there is none
Appellate practitioners know that winning an appeal is not always the end of litigation. Sometimes it's just a new beginning of disputes, as my blog entry regarding the Supreme Court's…
Reverse & Render
Drug manufacturers that market directy to public cannot rely on learned intermediary doctrine
By Byron Henry
The Corpus Christi Court of Appeals recently held that the learned intermediary doctrine does not apply to a drug manufacturer that advertises its products to consumers. In doing so, the…
Reverse & Render
Using mandamus to fix errors in judgments
The case I blog about today reminds us of why it's so critical to pay attention to appellate judgments. As appellate practitioners, too often the first and only thing we…
Reverse & Render
Client’s malpractice claim must be arbitrated
By Byron Henry
The Houston (14th) Court of Appeals recently held that a fee agreement that included a mandatory arbitration agreement does not violate public policy. In this case, the attorney had included…
Reverse & Render
The inherent power to sanction…
Practitioners will want to take note of this recent opinion from the Dallas Court of Appeals. In a split decision in Davis v. Rupe, the court affirmed a sanctions order…
Reverse & Render
Temporary injunction that fails to include a trial setting is void
The Dallas Court of Appeals held that a temporary injunction order that does not on its face set the cause for trial on the merits or fix the amount of…
Reverse & Render
Non-suit precludes attorney’s fees award as prevailing party under agreement
By Byron Henry
The Austin Court of Appeals recently held that a plaintiff's notice of non-suit precludes a defendant from recovering attorney's fees as prevailing party under a written agreement. In this case,…
Reverse & Render
Trial courts must state the reasons for granting motions for new trial
The Dallas Court of Appeals granted a petition for writ of mandamus in In re Hunter, and ordered the trial court to specify the reasons for ordering a new trial.…
Reverse & Render
Home is where the headquarters are
By Byron Henry
The United States Supreme Court recently resolved a split of authority as to the citizenship of corporations for purposes of federal diversity jurisdiction. Corporations are deemed citizens of the state…
Reverse & Render
Superseding judgments: what damages must be superseded?
Supersedeas aficionados will want to take a look at the Austin Court of Appeals' opinion in Shook v. Walden. The opinion gives a very thorough treatment of the parties' arguments…