The Austin Court of Appeals recently considered how the Texas Citizens Participation Act (TCPA) applies to a Rule 202 petition for pre-suit discovery in a case involving anonymous online speech. The TCPA requires a court to dismiss a legal action
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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Federal Subject Matter Jurisdiction is not Lost by Voluntary Dismissal of the only Claim Conferring Jurisdiction
The Fifth Circuit has reiterated the rule that federal subject matter jurisdiction is measured at the time of removal and is not destroyed by subsequent events including the voluntary dismissal of the only claim conferring federal question jurisdiction.
In GlobeRanger…
DOES A DEPOSITION ON WRITTEN QUESTIONS IN LIEU OF AN AFFIDAVIT CONCERNING COST & NECESSITY OF SERVICES SATISFY TEXAS CIVIL PRACTICE & REMEDIES CODE §18.001?
If you are defense counsel in a personal injury suit, you may be accustomed to receiving an affidavit concerning cost and necessity of services from plaintiff’s counsel immediately or shortly following your answer to the suit. In many cases you…
Texas Nuisance Law Gets A Face-Lift
The Supreme Court of Texas clarified the Texas nuisance doctrine in Crosstex N. Tex. Pipeline, L.P. v. Gardiner. Justice Boyd opened by noting that Dean Prosser declared nuisance as the law’s “garbage can.” He proceeded to clean up this area…
Texas Anti-SLAPP Commercial Speech Exemption does not apply to Blogger’s Statements about Wedding Photographer
By Claire James
The Texas Citizens Participation Act (“TCPA”) provides for expedited dismissal and interlocutory appeal from a court’s denial of a motion to dismiss a suit that is based on, relates to, or is in response to a party’s exercise of the right…
Fraudulent Transfers Made With Actual Intent to Hinder, Delay or Defraud Creditors Permit Piercing the Corporate Veil for Contract Debts
Texas law greatly restricts the use of alter ego or fraud to pierce the corporate veil and hold shareholders liable for a corporation’s contract debts. A shareholder may only be held personally liable
if the obligee demonstrates that the holder,…
The Impact of Medical Lien Funding on Past Medical Expenses “Actually Paid or Incurred”
By Helen Hutton
Texas Civil Practice and Remedies Code Section 41.0105 limits recoveries of medical care expenses by an injured claimant to those expenses actually paid or incurred by or on behalf of the claimant. A number of appellate decisions have addressed what…
The Texas Supreme Court Adopts a “Factual Plausibility” Pleading Standard
Did the Texas Supreme Court substitute fair notice pleading for well-pleaded complaints? Texas Rule of Civil Procedure 91a was adopted in 2013, and provides a “no reasonable person could believe” standard. Until recently, whether “no reasonable person could believe” meant…
Personal jurisdiction found over corporate parent without veil-piercing
Ordinarily, when evaluating the contacts of distinct legal entities, the contacts of parent corporations and subsidiaries are evaluated separately for jurisdictional purposes, unless the corporate veil is pierced. On first glance, that doesn’t appear to be what happened in Cornerstone…
Mandamus standard over dominant jurisdiction is relaxed
Once upon a time a trial court’s decision on a question of dominant jurisdiction was not subject to mandamus relief unless one court was actively interfering with another court’s exercise of jurisdiction. The Texas Supreme Court has abrogated that standard…