Richard Phillips

Richard Phillips

Thompson & Knight LLP

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Texas Supreme Court Argument Preview (9/14)

13-0080, RSUI Indemnity Co. v. The Lynd Co. - The primary issue in this insurance coverage case is how the policy limits of an excess property insurance policy should be calculated. The policy at issue covers multiple...more

9/18/2014 - Excess Policies Property Damage Property Insurance

Texas Supreme Court Argument Preview (9/14)

On Wednesday, September 17, 2014, the Texas Supreme Court will hear argument in three cases. The arguments will begin at 9:00 am, and you can watch them live. You can also watch the recording later at the same link....more

9/17/2014 - Advertising Judicial Review Oil & Gas

Texas Supreme Court oral arguments (9/14)

No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more

9/16/2014 - Civil Rights Act Deepwater Horizon Wrongful Death

Lower Word Limits for Briefs?

A proposed change to the Federal Rules of Appellate Procedure would lower the word limit for principal appellate briefs from 14,000 to 12,500 words and for reply briefs from 7,000 to 6,250 words (hat tip to Emil Kiehne at the...more

9/10/2014 - Appellate Briefs Appellate Rules Proposed Standards

Texas Supreme Court Opinions and Orders (8/29/14)

As expected, the last order list of the Supreme Court's fiscal year was a busy one. The Court issued opinions in 12 argued cases, so I apologize in advance for the length of this post. There were no grants and no mandamus...more

9/3/2014 - Choice-of-Law Defamation Easements Exxon Mobil Health Care Providers Homeowner's Insurance No Damage For Delay Parental Rights Pipelines Unclaimed Property

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

8/26/2014 - Bodily Injury Construction Defects Contractors Evidence Suppression Minors Negligence Premises Liability State Prosecutors Statute of Limitations Subcontractors Writ of Mandamus

Texas Supreme Court opinions and orders (8/14 - Part 1)

In its weekly orders (8/22/14), the Texas Supreme Court issued seven opinions, granted four petitions for review, and set four mandamus petitions for argument. In this post, I will summarize three of the opinions, two of the...more

8/25/2014 - Interpretive Opinions Mandamus Petitions Petitions for Review Trial Court Orders

Texas Supreme Court Orders (8/14)

As Scott mentioned last week, we expect a number of opinions between now and the end of the month. The Court held conference yesterday, is holding conference today, and will hold conference tomorrow (Saturday). The Court will...more

8/18/2014 - Appeals

Texas Supreme Court: “Dose Matters” In Mesothelioma Cases Bostic v. Georgia-Pacific Corp., No. 10-0775

Yesterday, the Texas Supreme Court reaffirmed the substantial-factor standard of causation recognized in Borg-Warner Corp. v. Flores, and held that it applies in mesothelioma cases. The Court made clear that in...more

7/15/2014 - Asbestos Asbestos Litigation Bodily Injury Mesothelioma Toxic Exposure

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

6/24/2014 - American Arbitration Association Arbitration Assault Foreclosure Liability Mineral Leases Minority Shareholders Shareholders Wells Fargo

Texas Supreme Court Opinions and Orders (6/14, pt. 2)

No. 11-0810, LAN/STV, J.V. v. Martin K. Eby Construction Co. - In a unanimous opinion by Chief Justice Hecht, the Court held that the economic loss rule does not allow a general contractor to recover increased costs of...more


Texas Supreme Court Orders

Today's order list does not include any opinions or any grants. But there are a couple of interesting denials. ...more

5/30/2014 - Arbitration Discovery Insurance Fraud Lance Armstrong Primary Elections Writ of Mandamus

Texas Supreme Court Orders and Opinion (5/14)

The Court issued its opinion in No. 12-0789, Tenaska Energy, Inc. v. Ponderosa Pine Energy, LLC. This appeal arises from an arbitration award, and is interesting because the Court vacated the award and ordered a new...more

5/23/2014 - Appeals Arbitration Awards Arbitrators Disclosure Requirements

Texas Supreme Court Opinions and Orders (5/14)

No. 12-0983, McAllen Hospitals, LP v. State Farm County Mutual Insurance Company of Texas - The Court addressed some of the mechanics of Hospital Lien Statute (Texas Civil Practice and Remedies Code chapter 55). State Farm...more

5/20/2014 - Arbitration Agreements Evidence Home Equity Line of Credit Hospital Lien Statutes Mortgages Motion to Compel Parental Rights Parental Termination Waivers

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