Often parties dispute the arbitrability of a dispute, leading to the question of who has jurisdiction—the court or the arbitrator. Some may worry that the inclusion of an arbitration clause makes a dispute always arbitrable. However, the “law provides protection
As every lawyer knows, solid arguments are built on a combination of precedent and history—either urging the court to follow what it or other courts have done in the past, or to avoid prior decisions through distinction in the present
“[W]e kind of do have a reputation around here for being sticklers for the rules,” a Dallas County district judge quipped when denying a motion for leave to file a late summary judgment response. See Verhalen v. Akhtar, — S.W.3d
“As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’” Food & Drug Admin. v. All. For Hippocratic Med., 602 U.S. 367, 379 (2024) (quoting A. Scalia, The Doctrine of
“Lawyers are an indispensable part of the pursuit of justice.”
The rarely cited Standards of Conduct for the Texas Rules of Appellate Procedure—found in the TRAP following Section Five—begins with this statement. The Standards explain that:
The appellate lawyer’s role
“But your client breached the agreement!” – declared a Fifth Circuit Judge while pounding a fist with each word.
“Respectfully, your honor, there never was an agreement for my client to breach.”
It was one of those moments that gave
After even a few years of practice, most attorneys have experienced that case that really should only reach a trial after a preliminary legal issue is decided. It just seems that the expense and time for trial is wasteful if
Recently, the Supreme Court of Texas released the final version for amendments to the Texas Rules of Appellate Procedure, namely Rule 53.2-.3, which provides the required contents of a petition for review and response to a petition for review. The
There’s a certain excitement as a trial lawyer when your witness is on the stand, effectively using an exhibit to lay out your case. You can see the jury leaning in, the judge looking over, and know that they are
Findings of fact and conclusions of law (“FFCL”) play a crucial role in error preservation following a bench trial. This post addresses some of the procedural snares and substantive traps that continue to catch skilled attorneys.
