In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171...more
Is a rule of appellate procedure limiting the length of an extension for filing a notice of appeal jurisdictional? That was the question decided by the Supreme Court in Hamer v. Neighborhood Housing Services of Chicago, in...more
In a case that reads like an episode of “Dallas,” the Texas Supreme Court reiterated the rules for recovery of punitive damages. Bennett v. Grant, No. 15-0338 (April 28, 2017)....more
9/26/2017
/ Blackmail ,
Calculation of Damages ,
Criminal Prosecution ,
Identity Theft ,
Indictments ,
Malicious Prosecution ,
Punitive Damages ,
Remittitur ,
Special Prosecutors ,
Statute of Limitations ,
TX Supreme Court
A recent Fifth Circuit opinion in a defamation action is raising concerns among media lawyers.
The Fifth Circuit Decision -
In Block v. Tanenhaus,[1] Walter Block appealed the dismissal under Louisiana’s anti-SLAPP...more
The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more
Discovery of electronically stored information (ESI) plays an increasingly important—and expensive—role in litigation. With few opportunities to provide guidance on discovery disputes, the Texas Supreme Court recently seized...more
On March 9, 2017, the House passed the Fairness in Class Action Litigation Act of 2017 and the Innocent Party Protection Act, addressing class actions and fraudulent joinder suits, respectively.
The class action bill...more
In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more
1/3/2017
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Common Law Claims ,
Defense Strategies ,
Illusory Contracts ,
Judicial Review ,
Manifest Disregard ,
Motion to Compel ,
Motion to Vacate ,
Reversal ,
Set-Asides ,
State Arbitration Acts ,
TX Supreme Court ,
Unconscionable Contracts ,
Waivers