by George Christian | Nov 23, 2022
Last week the Texas Supreme Court issued a per curiam opinion in response to objections lodged by two German automakers, Volkswagen and Audi, to the gubernatorial appointment of two substitute justices to participate in decision. The issue arose when Justices...
by George Christian | Nov 22, 2022
A recent decision by the Texas Supreme Court provides significant clarification of the proper application of §74.503, CPRC, which requires, upon request of a defendant physician, health care provider, or claimant, the trial court to “order that medical, health care,...
by George Christian | Nov 21, 2022
An unusually heavy opening to the bill filing period appears to bear out what we had feared: the legislative infatuation with turning over to the courts enforcement of various social policies has only intensified. While we will provide more detail on the proposals in...
by George Christian | Nov 17, 2022
In the wake of the Obergefell ruling, a Waco justice of the peace refused to perform same-sex weddings but continued to perform heterosexual marriages. She gave an interview to local media to the effect that same-sex marriages violated her sincerely held religious...
by George Christian | Nov 16, 2022
As of the time of posting, more than 1000 bills and resolutions have been filed in the opening days of the pre-filing period. Even if that’s not a record, it certainly feels like one. There are some common themes, many of which are left over from last session: the...
by George Christian | Nov 16, 2022
Responding positively to concerns expressed by the business community and trial bar, the Texas Supreme Court has proposed a new remote proceedings rule that requires the consent of the parties for a remote jury trial. As you recall from previous reports, the proposal...
by George Christian | Nov 9, 2022
In yet another trucking case involving a plaintiff’s request for discovery of several years of company records, the Austin Court of Appeals has denied a petition for mandamus seeking to limit the scope of discovery. In re UPS, Inc. and Antoine Scott Crenshaw...
by George Christian | Nov 8, 2022
The Austin Court of Appeals has applied the law of constitutional standing to affirm a Travis County trial court’s dismissal of a lawsuit over the county’s vacation of a drainage easement. Bellingham Enterprises, LLC v. Colby Constructors, LLC; Travis County...
by George Christian | Nov 7, 2022
The Texas Supreme Court has stayed a trial court order requiring a party to post a supersedeas bond in the amount of attorney’s fees and litigation costs awarded under Rule 13, Texas Rules of Civil Procedure, and § 10.04, CPRC (frivolous filings). In re...
by George Christian | Nov 4, 2022
A property owner failed to convince the Houston [1st] Court of Appeals that a trial judge abused its discretion when it ruled that the owner failed to carry its burden of proof as to the market value of its property. Karl J. Amelang, Amelang Partners, and EGN...
