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Supreme Court of Texas Blog

Covers Texas appellate practice, with a special focus on the Supreme Court of Texas.
By Don Cruse, Esq.

Post Frequency: 2.8/day

Last Entry: March 28, 2011 at 11:39:31

Electronic filing of appellate briefs is now available in the Texas Supreme Court

Posted on March 28, 2011
According to a notice posted on the Texas Supreme Court’s website, true electronic filing of appellate briefs is now available in that court: Effective [...]

No opinions or grants today [Mar. 25, 2011]

Posted on March 25, 2011
It was a very short orders list this week. The Texas Supreme Court did not issue any opinions or choose any new cases for [...]

Two opinions, one grant [Mar. 18, 2011]

Posted on March 18, 2011
With today’s orders list, the Texas Supreme Court issued two decisions and granted review in one new cases. Cities do not have sovereign immunity against suits [...]

Rehearing granted in the Open Beaches Act case; five other decisions and one new grant [Mar. 11, 2011]

Posted on March 11, 2011
With today’s orders list, the Texas Supreme Court granted rehearing in the Texas Open Beaches Act case Severance v. Patterson. (You can read more [...]

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An important opinion about agency deference in Texas [Mar. 11, 2011]

Posted on March 11, 2011
Railroad Commission of Texas and Pioneer Exploration, Ltd. v. Texas Citizens for a Safe Future and Clean Water and James G. Popp, No. 08-0497 DDB. A [...]

Can a worker who was fired for refusing to do an illegal act recover exemplary damages? [Mar. 11, 2011]

Posted on March 11, 2011
That’s the question in the Safeshred, Inc. v. Louis Martinez, III, No. 10-0426 (DDB), which has now been chosen for oral argument by the Texas [...]

Voluntary e-filing hits a speed bump

Posted on March 08, 2011
I got an email today from the Clerk of the Court noting that the voluntary e-filing the Court announced last week had hit a small [...]

Compensation for wrongfully convicted prisoners [Mar. 4, 2011]

Posted on March 04, 2011
With today’s orders list, the Texas Supreme Court issued one opinion and did not select any new cases for review. Compensation for wrongful imprisonment when the [...]

SCOTX issues new e-brief and, yes, e-filing rules for all Texas appellate courts

Posted on March 02, 2011
The Texas Supreme Court issued two sets of orders today related to e-filing of appellate briefs in Texas. Effective March 14, 2011: In the Texas [...]

Four opinons, three grants (including appellate attorneys fees and home-equity lending) [Feb. 25, 2011]

Posted on February 27, 2011
In this week’s orders list, the Texas Supreme Court decided four cases and chose three new ones for oral argument at a future date. This week’s [...]

No opinions or grants [Feb. 18, 2011]

Posted on February 18, 2011
There were no opinions or grants with today’s orders list. The Court is closed next Monday and has a private conference of the Justices on Tuesday.

What e-briefs are permitted in the intermediate Texas courts of appeals?

Posted on February 18, 2011
In preparing for a upcoming CLE talk, I set out to compile a chart of the current e-brief rules in each of Texas’s fourteen intermediate [...]

Do briefs become less readable as they move up the appellate ladder?

Posted on February 15, 2011
In November, the Austin Bar appellate section hosted a talk by Professor Schiess about legal writing. In a Q&A exchange, someone asked a provocative [...]

The Texas bar has lost former Chief Justice Joe Greenhill

Posted on February 11, 2011
I’m sorry to report that former Chief Justice Joe Greenhill, a fixture of the Texas appellate bar, passed away this morning. He was 96. He [...]

The Court decides to look more closely at the statute of limitations on royalty payments [Feb. 11, 2011]

Posted on February 11, 2011
With today’s regular orders list, the Court granted rehearing in a petition for review. It also rescheduled oral argument, at the parties’ request, in [...]

Six new grants: Takings, takings, and? other stuff, too [Feb. 8, 2011]

Posted on February 10, 2011
On Tuesday afternoon, the Texas Supreme Court issued orders granting six new cases for argument. Three were set for argument March 1, 2011; the [...]

Rehearing granted in two workers compensation cases [Feb. 4, 2011]

Posted on February 04, 2011
Which is rarer: snow in Austin, or a successful motion to rehear a petition? Today, at least, you don’t have to choose. Although the Court [...]

Three arguments tomorrow, including a former Justice?s first return to the Court as an advocate

Posted on February 03, 2011
The Court is hearing three arguments on Thursday morning. I wrote quick overviews of these cases when they were granted — the topics include [...]

Is a lawyer in a high-profile dispute a ?public figure? for libel purposes?

Posted on January 29, 2011
Is a lawyer in a high-profile dispute a ?public figure? for libel purposes? That was the question raised in a recent Texas appellate case — and it's one that should interest lawyers with newsworthy cases and newspaper reporters alike (and, of course, the law bloggers who live in both worlds).

An affidavit of indigency must be challenged within 10 days [Jan. 28, 2011]

Posted on January 28, 2011
With today’s orders list, the Texas Supreme Court issued one per curiam opinion. The Court did not choose any new petitions for its argument [...]

Broad immunity for government doctors; substitution of parties; implied findings [Jan. 21, 2011]

Posted on January 24, 2011
With Friday’s orders list, the Texas Supreme Court issued ten decisions — which as I noted in a tweet, each included an “M.D.”, an “R.N.”, [...]

Texas Supreme Court Panel: Electronic Briefs, Persuasive Writing, and What?s on the Docket

Posted on January 21, 2011
Thursday’s meeting of the Austin bar appellate section featured a panel of Texas Supreme Court Justices. The panel included Justice Nathan Hecht, Justice Phil [...]

A divorce decree?s classification of community property must be challenged promptly [Jan. 14, 2011]

Posted on January 14, 2011
With today’s orders list, the Texas Supreme Court issued one per curiam opinion. The Court did not set any more cases for its argument [...]

Three new grants: Attorneys fees for dishonored checks; arbitration appeals (yet again); and attorneys fees for defendants in DTPA cases [Jan. 11, 2011]

Posted on January 11, 2011
In an unscheduled orders list today after its private conference, the Texas Supreme Court granted three petitions for review and set each of them for [...]

No opinions or grants today [Jan. 7, 2011]

Posted on January 07, 2011
The Texas Supreme Court’s first orders list of the year is a fairly quiet one. The Court did not issue any opinions or select [...]

Tuesday?s oral argument sitting [Jan. 4, 2011]

Posted on January 04, 2011
The Texas Supreme Court’s argument sitting for the month is January 4th. The Court will be hearing just two arguments. (A third argument [...]

First petition of the year: Chea v. Poon

Posted on January 04, 2011
With the changing of the calendar year, the Texas Supreme Court has turned over the odometer on its docket numbering. Beginning Monday, each new [...]

No orders today [Dec. 31, 2010]

Posted on December 31, 2010
With both Christmas Eve and New Year’s Eve falling on Fridays this year, it is no surprise that the Texas Supreme Court has not issued [...]

A busy week for tort law, and one new grant [Dec. 17, 2010]

Posted on December 23, 2010
With Friday’s orders list, the Texas Supreme Court issued two new decisions that will be important to the Texas tort bar. It also issued [...]

Texas? new Solicitor General: Jonathan Mitchell

Posted on December 10, 2010
Yesterday was (now former) Texas Solicitor General Jim Ho’s last day. The interregnum did not last long. Today, Jonathan Mitchell of George Mason Law School [...]

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