Scott Stolley

Scott Stolley

Thompson & Knight LLP

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Texas Supreme Court weekly orders (5/15)

In its weekly orders, the Texas Supreme Court issued one opinion and granted two cases for review. The opinion is in No. 13-0439, Ross v. St. Luke's Episcopal Hospital. In this case, a hospital visitor slipped on a wet...more

5/5/2015 - Auto Insurance Discrimination Employer Liability Issues Medical Liability Retaliation St. Luke's TX Supreme Court

Texas Supreme Court opinions (4/15), part 1

No. 12-0946, In re Bridgestone Americas Tire Operations, LLC -- The plaintiff is a Texas resident appointed to be the next friend of some minor children whose parents were killed in a vehicle accident in Mexico. ...more

4/28/2015 - Abuse of Discretion Adverse Employment Action Bridgestone Car Accident Forum Non Conveniens Property Damage Property Tax Retaliation Tax Exempt TX Supreme Court

What Is The Correct Post-Judgment Interest Rate In Texas?

As with many legal questions, the answer depends. The Texas Supreme Court recently reinforced this in Hooks v. Samson Lone Star, L.P., No. 12-0920, 2015 WL 3933380 (Tex. Jan. 30, 2015)....more

4/9/2015 - Mineral Leases Oil & Gas Post-Judgment Interest

Can You Delegate The Briefwriting To Your Client?

The obvious answer is "no." Although the client can certainly have input into the briefwriting, it is counsel's ultimate responsibility to file a brief that complies with the rules....more

4/1/2015 - Drafting Attorney SCOTUS

Texas Supreme Court oral arguments (3/15)

The Texas Supreme Court will hear three oral arguments on Tuesday, March 24, 2015 in Austin. The cases involve (1) breach of a gas-purchase agreement, (2) calculation of oil-and-gas royalties, and (3) application of the...more

3/24/2015 - Breach of Contract Deeds Discovery Rule Oil & Gas Oral Argument Royalties TX Supreme Court

Texas Supreme Court weekly orders (3/15)

No. 13-0126, Nabors Well Servs., Ltd. v. Loera -- The court of appeals had reversed this case on the ground that evidence of seatbelt nonuse was not admissible. But recently, in Nabors Well Servs., Ltd. v. Romero, the Supreme...more

3/23/2015 - Arbitration General Contractors Property Damage Real Estate Development Seatbelts Third-Party TX Supreme Court

Can Requesting Entry Of A Judgment Hurt Your Case?

After you get a favorable result on some issues but not on others, should you seek entry of a judgment? Can seeking entry of a judgment waive your right to appeal on the issues that you lost? ...more

3/20/2015 - Final Judgment Motion for Entry of Judgment

Texas Supreme Court weekly orders (3/15)

The three cases involve (1) whether a liability insurer must pay the plaintiffs who received an assignment from the insured after the insurer failed to defend, (2) whether the former owner of a chemical plant is liable for...more

3/16/2015 - Appeals Assignments Defamation Insurers Liability Insurance Qualified Privilege Statute of Repose

Texas Supreme Court Opinions and Orders (3/15)

In its weekly order list, the Supreme Court of Texas issued four opinions and accepted a certified question from the Fifth Circuit. ...more

3/9/2015 - Breach of Duty Civil Monetary Penalty Damages Federal Arbitration Act Fiduciary Duty McCarran-Ferguson Act Motion to Compel Nursing Homes Oil & Gas Preemption Royalties Wal-Mart

Texas Supreme Court weekly orders (2/15)

No. 13-0484, American Star Energy & Minerals Corp. v. Stowers -- This case involves the statute of limitations for a claim that individual partners must satisfy an unpaid contract debt of the partnership. ...more

3/2/2015 - Claims Adjusters Debt Insurance Litigation Partnerships Statute of Limitations TX Supreme Court Workplace Injury

Texas Supreme Court Oral Argument Preview (2/15)

On Thursday, February 26, 2015, the Texas Supreme Court will hear oral arguments in two cases. Note that the Court is doing a road show and hearing these arguments at the University of Texas at Tyler. ...more

2/26/2015 - Boeing Car Accident Commercial Leases Oral Argument Trucking Accident TX Supreme Court

Texas Supreme Court grants review in seven cases (2/15)

The seven cases include issues about the following topics: - breach-of-contract issues under a gas-purchase agreement - applicability of the open-records laws to a nonprofit entity ...more

2/23/2015 - Arbitration Breach of Contract Damage Caps Non-Profits Preemption Public Records Reasonable Accommodation Traveling Employee TX Supreme Court Workers Compensation Awards

Can A Texas Summary Judgment Be Final When Attorney's Fees Claims Are Not Addressed?

In a recent post, I addressed whether a Texas judgment is final even when it does not address court costs. The answer appears to be that it is final, and this is also true when a statute makes attorney's fees taxable as court...more

2/12/2015 - Attorney's Fees Final Judgment Summary Judgment

Texas Supreme Court opinions (2/15)

In its weekly orders (2/6/15), the Texas Supreme Court issued four new opinions and granted no petitions for review. The new opinions are as follows: No. 12-0136, Wackenhut Corp. v. Gutierrez -- This case...more

2/9/2015 - Declaratory Judgments Foreclosure Governmental Immunity Spoilation Texas SC Trespass Trucking Accident Video Recordings Wastewater

If A Case Is Part Of An MDL Proceeding, When Can A Dismissal Of That Case Be Appealed?

Last week, the U.S. Supreme Court decided an interesting appellate issue involving a case that was part of an MDL proceeding. In Gelboim v. Bank of America Corp., the plaintiffs brought a class action alleging a federal...more

2/2/2015 - Antitrust Litigation Appeals Bank of America Banks Case Consolidation Class Action Dismissals Gelboim v Bank of America Libor Multidistrict Litigation SCOTUS

Texas Supreme Court Opinions (1/15)

Last week, the Supreme Court of Texas issued opinions in three cases and denied a petition for review with opinion. The Court also granted seven petitions for review and set two mandamus petitions for argument. ...more

2/2/2015 - Child Support Contract Disputes Insurance Litigation Legal Opinion Mandamus Petitions Petitions for Review

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

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