Don Cruse

Common Blunders in Briefs to a State's Highest Court

Excerpts: Don't confuse persuasive authority with controlling authority Lower court briefs tend to wield authority as if it compels the court to decide your way. In a court of last resort, that doesn't go over so…more

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Vista Community Health Center v. Texas...

Amicus Brief (on rehearing)

This declaratory-judgment case has been called the "'lead' stop-loss case" by the agency. The appeal concerns how to construe the stop-loss threshold used in the Texas Workers Compensation system from 1997 to 2008 -- is it a…more

| Administrative Law, Health, Worker’s Compensation
Midland Central Appraisal District v....

Amicus Curiae Brief (on rehearing)

The basic dispute is whether the Dormant Commerce Clause bars the government from taxing oil and natural gas located at a tank facility in Texas. The court of appeals concluded that it did because the oil was "in transit" under…more

| Constitutional Law, Taxation

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