Latest Publications


What to Do When the Trial Court Won’t Rule

Sometimes it seems like the trial court is taking forever to rule on a pending motion. Most of the time, the best option – apart from friendly check-ins with the court clerk – is to wait patiently....more

A Court Determines If Motion to Compel Arbitration Is Groundless

In Archer & White Sales v. Henry Schein, Inc., the Fifth Circuit clarified who determines whether a dispute is arbitrable—a court or an arbitrator—when a motion to compel arbitration is “wholly groundless.” In Archer, the...more

Texas Supreme Court Clarifies When an Expert Opinion is Conclusory

Conclusory opinions, especially by experts, constitute no evidence. Two recent opinions from the Texas Supreme Court explain when an expert opinion is conclusory....more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

Texas Supreme Court Allows Cure for Missing Certificate of Merit

Section 150.002 of the Civil Practice and Remedies Code requires a plaintiff seeking damages arising from services rendered by a licensed professional (e.g., engineers, architects) to file with its original petition an expert...more

Is Everybody Here? Supreme Court Defines Necessary Parties

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation....more

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