The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s summary judgment rejecting a police chief’s attempt to escape First Amendment retaliation liability based on a qualified immunity defense…more
The Third Court of Appeals has reversed and remanded a lower court’s judgment that a landlord take nothing on his claims for damages under a commercial lease and pay the tenant’s attorney fees…more
Table Of Contents -
- The Decision to Cross-Appeal
..Does Appellee Seek to Alter the Judgment?
..Pursuing a Cross-Appeal Conditionally
- Complications in Handling…more
Chief Justice Wallace Jefferson (pictured) has announced that he will be departing the Texas Supreme Court effective October 1, 2013. The Texas Lawbook, a Dallas Morning News affiliate, first reported the announcement. It…more
Clients frequently ask appellate lawyers, “How long until the court makes a decision?” It’s a question we all struggle with because the number of variables is too great to allow anything but a semi-educated guess. The period is…more
Noam Scheiber’s recent New Republic article, “The Last Days of Big Law,” has been buzzing over my social media stream for the past week or so. It’s a pretty sobering read, although it hasn’t gone uncriticized…more
In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved…more
In This Presentation:
• The "right" result on appeal depends on your perspective, but several factors go into reaching a principled appellate decision.
• Our discussion will examine some…more
The Texas Supreme Court has issued an order correcting some of its recent amendments to the Texas Rules of Appellate Procedure. The most notable correction involves the certificate-of-compliance requirement regarding the new…more
I recall discovering my first unpublished case as a law student when interning for an intermediate appellate court justice. Strangely, a legend accompanied the opinion disclaiming precedential value, which seemed odd considering…more
A lawyer heading into a trial-court hearing should draft a favorable order and have it on hand in case the judge is inclined to rule then and there. In addition to being efficient and good for client relations, getting that kind…more
Over the past week, I have attended two CLE events featuring a panel of appellate judges. At the 29th Annual Litigation Update Institute, Chief Justice Wallace Jefferson, Justice Paul Green, and Justice Debra Lehrmann…more
Appellate work is very time-and labor-intensive. Because it’s difficult to work on more than one matter at a time, appellate lawyers often rely on extensions of briefing deadlines to manage workloads. Texas appellate courts are…more
As promised yesterday, this post will cover what a certificate of compliance under the new word-count rules might look like, now that every computer-generated document filed in a Texas appellate court on or after December 1,…more
A trial lawyer poses the following question:
Do you know for sure whether the new appellate rules are going into effect December 1? Any thoughts on whether an appeal filed on November 29 (but not actually due until December…more
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