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Supreme Court of Texas Blog

Covers Texas appellate practice, with a special focus on the Supreme Court of Texas.
By Don Cruse, Esq.

Post Frequency: 2.8/day

Last Entry: March 28, 2011 at 11:39:31

An ultra vires suit must be pleaded against state officials in their official capacities, not the state itself

Posted on March 12, 2010
Texas Department of Insurance v. Reconveyance Services, Inc., No. 07-0786 (Tex. Mar. 12, 2010) (per curiam) (docket and briefs) Reconveyance Services brought suit seeking a declaration that a fee imposed by TDI was outside the scope of Texas law. The court of appeals concluded that this claim against the state was within the trial court’s [...

Testimony about a driver?s illegal-immigrant status was harmful error and cause for a new trial

Posted on March 12, 2010
TXI Transportation Co. v. Randy Hughes, No. 07-0541 (docket and briefs) The Texas Supreme Court reversed a jury verdict about an auto accident that was based, in part, on testimony that one driver was an illegal immigrant. The Court concluded that the driver’s immigration status was not relevant to the claims at issue and that [...

When does a trial court?s discovery schedule extend the 120-day statutory deadline for medical expert reports?

Posted on March 12, 2010
Spectrum Healthcare Resources, Inc. and Michael Sims v. Janice McDaniel and Patrick McDaniel, No. 07-0787 (Tex. Mar. 12, 2010) (docket and briefs) With today’s case, the answer is that “an agreed docket control order must explicitly reference section 74...

Opinions in 8 cases; 6 new grants for the April argument calendar [orders of Mar. 12, 2010]

Posted on March 12, 2010
With today’s orders list, the Texas Supreme Court issued opinions in eight cases and set six more for the April argument calendar. Among today’s cases were the TXI Transportation v. Hughes case about whether testimony about a defendant’s status as an illegal immigrant is harmful error (it is) and two cases about whether a medical-malpractice plaintiff [...

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We welcome a new appellate law blog, The Appellate Record

Posted on March 11, 2010
There is a new appellate law blog to add to your feed readers. Kendall Gray has been working toward the launch of The Appellate Record for some time. Today, I got a tweet announcing that it was finally live. So check it out. His first few posts cover a little of everything.

Austin Court moves toward electronic records

Posted on March 10, 2010
Yesterday, the Texas Supreme Court approved a new local rule for the Third Court (covering Austin) that provides a framework for electronic district court records. The documents in the appellate record can now be submitted as scanned, word-searchable PDFs...

No opinions today [orders of Mar. 5, 2010]

Posted on March 05, 2010
The Texas Supreme Court did not issue any opinions or grant any petitions for review with today’s orders list. The Court is scheduled to meet for a full conference next Monday and Tuesday. The next oral argument sitting will begin on March 23, 2010.

2010 Texas Supreme Court primary election results

Posted on March 03, 2010
There were two contested primary elections for the Texas Supreme Court. The results are: Place 3 In a remarkably close six-way election, Rick Green and Debra Lehrmann appear set for an April 13th runoff for the Republican nomination to Place 3 on the Texas Supreme Court...

Eva Guzman wins Place 9 nomination; Place 3 too close to call

Posted on March 03, 2010
I’ve been hitting “reload” on the Secretary of State’s website this evening, and I’ve tweeted a few updates as the Place 3 race has changed. A runoff is a certainty. Which candidates will appear on that ballot remains too close to call...

Primary Day Preview

Posted on March 01, 2010
There are two Texas Supreme Court seats with contested races in the March 2, 2010 Texas primary. Links to newspaper endorsements and candidate profiles is on my “2010 Elections” page. Three candidates (all for Place 3) responded to the Q&A sent out by the blog — Rebecca Simmons, Rick Strange, and Debra Lehrmann...

Candidate Q&A: Judge Debra Lehrmann

Posted on February 28, 2010
I’m pleased to present you with our third candidate Q&A of the 2010 election season. Judge Debra Lehrmann currently serves as District Judge of the 360th Judicial District in Fort Worth. She is one of six Republicans vying for the nomination for Place 3, the seat being vacated by the retirement of Justice Harriet O’Neill...

Candidate Q&A: Judge Debra Lehrmann

State Bar judicial candidate poll results

Posted on February 26, 2010
Earlier this week, the State Bar of Texas released the results of its member poll about judicial candidates. The poll asked Texas attorneys to choose a preferred candidate from the entire field, regardless of party affiliation.1 Although I list each candidate’s party affiliation below, the official bar poll results do not...

No opinions today [Feb. 26, 2010]

Posted on February 26, 2010
The Texas Supreme Court did not issue any opinions with today’s orders list. The big event next week is the primary election on Tuesday, March 2nd. See the “2010 Elections” page for links to our candidate Q&As, other news stories, and newspaper endorsements.

State Bar judicial candidate poll results

No opinions today [Feb. 26, 2010]

Candidate Q&A: Justice Rick Strange

Posted on February 23, 2010
I’m pleased to present you with our second candidate Q&A of the 2010 election season. Justice Rick Strange currently serves on the Eleventh Court of Appeals based out of Eastland. He is one of six Republicans vying for the nomination for Place 3, the seat being vacated by the retirement of Justice Harriet O’Neill...

Candidate Q&A: Justice Rick Strange

Notes from “An Evening with the Supreme Court of Texas”

Posted on February 22, 2010
Last week, the Austin Bar Association sponsored “An Evening with the Supreme Court of Texas,” featuring a panel discussion in which six of the Justices participated. The event was captured on video and is available here. Todd Smith also published a writeup of the event...

Notes from ?An Evening with the Supreme Court of Texas?

Four opinions, with the first dissents and concurrence of the Term [Feb. 19, 2010]

Posted on February 19, 2010
With today’s order list, the Texas Supreme Court issued merits opinions in four pending cases. Adequacy of class representative Southwestern Bell Telephone Co. v. Marketing on Hold, Inc., No. 05-0748 (docket and briefs). This is the very same case in which the class representative filed suit against the Justices of the Texas Supreme Court last week...

Candidate Q&A: Justice Rebecca Simmons

Posted on February 17, 2010
I’m pleased to present you with our first candidate Q&A of the 2010 election season. Justice Rebecca Simmons currently serves on the Fourth Court of Appeals based out of San Antonio. She is one of six Republicans vying for the nomination for Place 3, the seat being vacated by the retirement of Justice Harriet O’Neill...

Candidate Q&A: Justice Rebecca Simmons

Oral arguments scheduled for Feb. 17 and Feb. 18

Posted on February 16, 2010
The Texas Supreme Court will be hearing oral arguments in two cases on Wednesday and three cases on Thursday. Among the Wednesday arguments is the Edwards Aquifer water-rights dispute that could have significant implications for the ability of state government to regulate water use...

Oral arguments scheduled for Feb. 17 and Feb. 18

Takings claim for a house already determined to be a nuisance; bank liability for disbursing estate funds to an imposter [arguments for Feb. 16, 2010]

Posted on February 15, 2010
The Texas Supreme Court is hearing oral argument on Tuesday, February 15th in two cases: City of Dallas v. Stewart, No. 09-0257 (docket and briefs) (a takings case involving the City’s demolition of a house determined to be a nuisance) and Jefferson State Bank v...

Federal suit against the Texas Supreme Court asking for a quicker ruling

Posted on February 15, 2010
File this under “be careful what you ask for.” A group of class-action plaintiffs has filed a federal lawsuit demanding that the Texas Supreme Court issue a more prompt ruling on the pending state court appeal challenging their class certification...

Starting today, electronic copies of Texas Supreme Court briefs are mandatory

Posted on February 15, 2010
Beginning today, Texas Supreme Court litigants are required to file electronic versions of their briefs along with their paper copies. This is not a true e-filing system because it does not replace paper briefs. Rather, the Texas Supreme Court is requiring that PDFs supplement the paper briefs...

Without owning up to its privacy blunder, Google announces future fixes to Buzz

Posted on February 15, 2010
In a blog post this afternoon, Google has announced that it will be making some changes to Buzz. That’s good news. In the future (“starting this week”), new users will be presented with clearer options. At some later time (“over the next couple weeks”), users whose privacy has already been compromised without their knowing might be [...

Gmail’s “turn off buzz” (still) does not turn off Buzz; here’s how to really do it

Posted on February 15, 2010
I received lots of feedback to yesterday’s post “Lawyers (or journalists) with Gmail accounts: Careful with the Google Buzz”. My focus was the privacy implication of Google automatically publishing the identity of people you have communicated with in the past...

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