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Reverse & Render
By Cowles & Thompson P.C. Visit the blog
397 published works
Reverse & Render
Waiver of Jury Trial Clause: How far does it go?
The Beaumont Court of Appeals has held that a contractual waiver of jury clause does not extend to non-contractual claims brought against non-signatory joint tortfeasors or alleged conspirators. In In…
Reverse & Render
Manifest Disregard of Law No Longer Grounds to Vacate Arbitration Award
By Byron Henry
The United States Court of Appeals for the Fifth Circuit recently held that the United States Supreme Court's decision in Hall Street Associates v. Mattel "restricts the grounds for vacatur"…
Reverse & Render
Federal Certified Orders for Interlocutory Appeal
This week the federal Fifth Circuit Court of Appeals issued an opinion in connection with a Petition for Leave to Appeal solely to remind district judges (and presumably practitioners) to…
Reverse & Render
Responsible Third Party Statute and Statutes of Repose
I've wanted to write something about Boenig v. Starnair, Inc. since I first read it because I believe the analysis is incorrect. This case involves the intersection of the responsible…
Reverse & Render
Combining No-Evidence Motions for Summary Judgment with Traditional Motions
Can the non-movant in a summary judgment context use the movant's evidence (attached to support a traditional motion for summary judgment) to challenge no-evidence grounds for summary judgment on appeal?…
Reverse & Render
Wrongful Payment of Checks
The Dallas Court of Appeals' opinion in In re Berry leaves more questions than answers. This is an appeal from probate court action in which Sue Berry brought suit against…
Reverse & Render
Waiver of Special Appearances in Default Challenges
The San Antonio Court of Appeals has held that a party challenging a default judgment may well risk losing the opportunity to challenge the exercise of personal jurisdiction over him unless…
Reverse & Render
Dallas Court of Appeals Favors Plaintiff’s Choice of Forum
Apparently the Dallas Court of Appeals is Pro-choice. At least when it comes to a Plaintiff's choice of forums. In Signature Management Team, LLC v. Quixtar, Inc., the Dallas Court…
Reverse & Render
North Texas Appellate CLE Opportunities
The Dallas Bar Association, Appellate Law Section will have its regular monthly meeting on Thursday, March 19, 2009, at noon at the Belo Mansion. The keynote speakers this month are…
Reverse & Render
Do counterclaims survive when a plaintiff non-suits?
The simple answer is yes, they do. See Texas Rule of Civil Procedure 162. But the defendant's pleading must allege a cause of action independent of the plaintiff's claims on…