Scott Stolley

Scott Stolley

Thompson & Knight LLP

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Texas Supreme Court weekly orders (11/14)

In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more

11/24/2014 - Attorney's Fees Boeing Employer Liability Issues Independent Contractors Manufacturers Mesothelioma Power Plants Retaliation Sovereign Immunity Whistleblowers Wrongful Death

Restyled Texas Rules of Evidence

On November 19, the Texas Supreme Court issued an advisory, to inform the Bar, the judiciary, and the public of an order approving the restyled Texas Rules of Evidence. The Court's advisory is reproduced at the bottom of this...more

11/21/2014 - Evidence Proposed Amendments Rules of Civil Procedure

This Week at the Texas Supreme Court

Wednesday, November 5: No. 12-0946, In re Bridgestone Americas Tire Operations, LLC - Relator Bridgestone seeks a writ of mandamus compelling dismissal of the underlying case for forum non conveniens. The case involves...more

11/10/2014 - Dismissals Federal Rules of Civil Procedure Forum Non Conveniens Mexico Writ of Mandamus

Texas Supreme Court Orders and Opinion (10/14)

The Court issued its opinion in No. 13-0761, In re National Lloyds Insurance Company. This petition for a writ of mandamus was not argued; the court has issued a per curiam opinion under Rule 52.8(c). The mandamus petition...more

11/3/2014 - Bad Faith Discovery Rules of Civil Procedure Writ of Mandamus

Texas Supreme Court Argument Preview (10/14)

No. 13-0199, Steadfast Financial LLC v. Bradshaw - This is an oil & gas royalty dispute in which a non-participating royalty owner sued the owner of the executive right for failure to obtain a higher royalty interest in a new...more

10/14/2014

Texas Supreme Court Oral Argument Preview - 10/14

On Tuesday, October 14, 2014, the Supreme Court of Texas will hear argument in the following three cases. Arguments begin at 9:00 am...more

10/14/2014 - Appeals Arbitration Board of Education Judgment Debtors Medical Malpractice Partnerships

Texas Supreme Court Orders 10/14 (Six Petitions Granted)

Because there are no opinions and no grants in the Supreme Court's order list this morning, this is a good opportunity for me to do the promised post on the petitions granted in the October 3, 2014 order list. ...more

10/13/2014 - Construction Contracts Construction Disputes Divorce Property Damage Sexual Assault Utilities Sector

Texas Supreme Court oral-argument preview (10/14)

The Texas Supreme Court will hear two oral arguments at the Texas Tech School of Law on 10/9/14: No. 13-0136, Nabors Well Servs. Ltd. v. Romero -- The issue is whether evidence of seatbelt nonusage is inadmissible,...more

10/9/2014 - Oral Argument Recreation Seatbelts Slip and Fall

Texas Supreme Court weekly orders (10/2014)

In its weekly orders (10/3/14), the Texas Supreme Court issued one new opinion and a revised opinion on rehearing in another case. Click here to read the order list. Click here to access the opinions. (The Court also granted...more

10/6/2014 - Divorce Ford Motor Fraud Settlement

Texas Supreme Court Orders (9/2014)

The Texas Supreme Court did not issue any opinions in its weekly orders. But the Court did accept a case on a certified question from the United States Court of Appeals for the Fifth Circuit. The Court also set the date for...more

9/29/2014 - Appeals Commercial General Liability Policies Oral Argument Policy Exclusions

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 weekly orders (8/14)

The Court has seven conference days scheduled this month. As a result, look for some opinions to be issued this month before the 8/31 end of the fiscal year. ...more

8/11/2014

Texas Supreme Court opinions (7/14)

1. No. 10-0775, Bostic v. Georgia-Pacific Corp. -- This is a mesothelioma case. The overarching issue is whether the causation standard announced in Borg-Warner Corp. v. Flores (which was an asbestosis case) also applies to...more

7/14/2014 - Asbestos Asbestos Litigation Mesothelioma Trucking Industry

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

6/16/2014

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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