Smith Law Group, P.C.

I, Juror No. 3

Since I became a practicing lawyer, I’ve been called for jury duty four times: twice in Dallas County (where I lived from 1997 to 2003), and twice in Travis County (where I live now). This past week, I served my second stint as…more

| Law Practice Products & Services

Fifth Circuit Rejects Qualified Immunity Defense

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

| Civil Procedure, Constitutional Law

Judgment Against Commercial Landlord Reversed

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

| Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial

How to Handle Cross-Appeals

Table Of Contents - - Introduction - The Decision to Cross-Appeal ..Does Appellee Seek to Alter the Judgment? ..Pursuing a Cross-Appeal Conditionally ..Timing - Complications in Handling…more

| Civil Procedure

Chief Justice Jefferson to Leave SCOTX

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

| Civil Procedure

It’s That Time of (the Fiscal) Year

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

| Civil Procedure

What Do “The Last Days of Big Law” Mean for Boutique Firms?

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

| Law Practice Products & Services

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal.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

| Civil Procedure, Civil Remedies

Principled Appellate Decisions

In This Presentation: - Overview: • 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

| Civil Procedure

SCOTX Fixes Word-Count Glitches

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

| Civil Procedure

Use Care When Drafting Trial-Court Orders

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

| Civil Procedure

Some Appellate Judicial Wisdom in 140-Character Bites

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

| Civil Procedure

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