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Rich Phillips

Recent Activity

Texas Supreme Court Opinion Summaries — 5/25/18 Opinions

Posted by Rich Phillips and Emily Fitzgerald In its weekly orders on Friday, May 25, 2018, the Texas Supreme Court issued opinions in five argued cases. This leaves the Court with 22 cases to decide before the end of June if the Court is going to continue its trend of... Continue reading

Posted May 30, 2018 at Texas Appellate Watch

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Texas Supreme Court Opinions and Orders — 5/11/18

Posted by Rich Phillips and Emily Fitzgerald This morning, the Supreme Court of Texas issued opinions in four argued cases. The Court issued an opinion in a case from the December sitting, two opinions from its late February/early March sitting (the first opinions from that set of cases), and one... Continue reading

Posted May 11, 2018 at Texas Appellate Watch

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Texas Supreme Court Opinion Summaries — 4/27/18

Posted by Rich Phillips, Emily Fitzgerald, and Chris Dachniwsky Here are the summaries of the 10 cases issued by the Supreme Court of Texas on April 27, 2018: No. 16-0301, Oncor Electric Delivery Co. LLC v. Chaparral Energy, LLC — In a unanimous opinion by Justice Boyd, the Supreme Court... Continue reading

Posted May 1, 2018 at Texas Appellate Watch

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Texas Supreme Court Opinions and Orders — 4/27/18

Posted by Rich Phillips This morning, the Supreme Court of Texas issued 10 opinions. Nine were in argued cases and one was a per curiam opinion. The Court continues to make progress toward deciding all of the argued cases this term. There are now 30 argued cases that have not... Continue reading

Posted Apr 27, 2018 at Texas Appellate Watch

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Texas Supreme Court Orders and Opinion - 4/20/18

Posted by Rich Phillips This morning, the Supreme Court of Texas issued one opinion in an argued case. The Court did not grant any new petitions. The opinion is the first authored by Justice Blacklock since he joined the Court in January. No. 16-0786, Adams v. Starside Custom Builders, LLC... Continue reading

Posted Apr 20, 2018 at Texas Appellate Watch

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Texas Supreme Court Opinion Summaries — 4/13/18

Posted by Rich Phillips As promised, here are the summaries of the 10 opinions the Court issued on Friday. Six of the opinions are in argued cases, so the Court now has 41 remaining cases to decide. The decided cases were from October, November, December, and January. There is now... Continue reading

Posted Apr 16, 2018 at Texas Appellate Watch

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Texas Supreme Court Orders and Opinions — 4/13/18

Posted by Rich Phillips This morning, the Supreme Court of Texas issued opinions in six argued cases. The Court also issued an opinion on rehearing in a much-watched insurance case from last term and issued three per curiam opinions. The opinion on rehearing in USAA Lloyds Co. v. Menchaca, No.... Continue reading

Posted Apr 13, 2018 at Texas Appellate Watch

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An Error-Preservation Trap that Needs to Be Disarmed

Posted by Rich Phillips In a memorandum opinion issued last week, the Dallas Court of Appeals again highlighted an error-preservation trap for the unwary and signaled its intent to keep enforcing the rule until someone gets it reversed en banc or by the Supreme Court. The issue stems from a... Continue reading

Posted Apr 9, 2018 at Texas Appellate Watch

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Texas Supreme Court Opinions and Orders — 4/6/2018

Posted by Rich Phillips In its weekly orders this morning, the Supreme Court of Texas issued opinions in two argued cases. The Court did not grant any new petitions for review. With these two opinions, the Court now has 47 cases that have been argued this term, but not yet... Continue reading

Posted Apr 6, 2018 at Texas Appellate Watch

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Texas Supreme Court Argument Preview - December 2017 - Perpetuities, Dog Bites, and Anti-SLAPP (again)

Posted by Rich Phillips In its December sitting, the Supreme Court of Texas is scheduled to hear argument in 11 cases over three days. Issues include the rule against perpetuities (I know ...), vicarious liability, a dog bite at a forward operating base in Iraq, exclusion of evidence, and yet... Continue reading

Posted Dec 4, 2017 at Texas Appellate Watch

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Texas Supreme Court Argument Preview - November 2017 - Anti-SLAAP, attorney-client privilege for patent agents, and more

Posted by Rich Phillips The November argument calendar for the Supreme Court of Texas includes 8 cases, which will be heard on November 7 - November 9. Some highlights of the issues this week include the breadth of Texas's Anti-SLAAP statute (again), whether communications with a patent agent are covered... Continue reading

Posted Nov 6, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders and Opinions - 10/27/17

Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas issued one per curiam opinion and granted review in five new cases. In No. 16-0718, City of Magnolia 4A Development Corp. v. Smedley, the Court addressed the timeliness of an interlocutory appeal challenging the... Continue reading

Posted Oct 27, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders - 10/20/17 - First Opinion in a Case Argued this Term

Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas issued the first opinion in a case argued this term. The Court also granted motions to split oral argument time in two cases that will be argued in November and January. The Court issued... Continue reading

Posted Oct 20, 2017 at Texas Appellate Watch

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Texas Supreme Court Argument Preview October 2017 - Legal Fees, Taxes, & Tortious Interference with Inheritance Rights, Oh My!

Posted by Rich Phillips This week, the Texas Supreme Court will hear argument in eight cases over three days. Aside from the legal issues, there are some other interesting wrinkles in these arguments. For example, on Tuesday, the Court will hear argument in Hill v. Shamoun & Norman, LLP. The... Continue reading

Posted Oct 9, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders - 10/6/17

Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas did not issue any new opinions. The Court accepted a certified question from the United States Court of Appeals for the Eleventh Circuit. In No. 17-0781, Bergin v. Mentor Worldwide, LLC, the Court has... Continue reading

Posted Oct 6, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders and Opinions - 9/29/17

Posted by Rich Phillips We have our first opinions of the Texas Supreme Court's new term and they all relate to causation. The Court issued an opinion in a case that was argued last term but had been abated at the parties' request and issued two per curiam opinions. The... Continue reading

Posted Sep 29, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders - 9/22/17

Posted by Rich Phillips In its weekly order list posted this morning, the Supreme Court of Texas disposed of several (12) pending motions for rehearing of cases decided last term. The Court also granted five petitions for review and set argument in a petition for writ of mandamus. Some of... Continue reading

Posted Sep 22, 2017 at Texas Appellate Watch

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Texas CLE Opportunity - Texas Supreme Court Update

Posted by Rich Phillips On Thursday, June 15, 2017, I will be part of a webcast panel discussion on recent Texas Supreme Court opinions. The other panelists will be former Chief Justice Wallace Jefferson, Mike Hatchell, David Gunn, and Prof. Wayne Scott from St. Mary's University School of Law. The... Continue reading

Posted Jun 14, 2017 at Texas Appellate Watch

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Texas Supreme Court Opinions - 3/3/17

Posted by Rich Phillips On Friday, March 3, 2017, the Supreme Court of Texas issued opinions in two argued cases: No. 15-0083, M&F Worldwide Corp. v. Pepsi-Cola Bottling Co., Inc.—In this appeal of the denial of a special appearance, the Court was asked to decide whether Texas courts could exercise... Continue reading

Posted Mar 6, 2017 at Texas Appellate Watch

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Texas Supreme Court Argument Preview - 2/9/17

Posted by Rich Phillips On Thursday, February 9, 2017, beginning at 9:00 am, the Supreme Court of Texas will hear argument in three cases: No. 15-0847, Sommers v. Sandcastle Homes, Inc. consolidated with No. 15-0848, Sommers v. NewBiss Property, LP — In these consolidated cases, there are two primary issues.... Continue reading

Posted Feb 8, 2017 at Texas Appellate Watch

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Texas Supreme Court Argument Preview - 2/8/17

Posted by Rich Phillips On Wednesday, February 8, 2017, beginning at 9:00 am, the Supreme Court of Texas will hear argument in three cases: No.14-0979, Forest Oil Corp. v. El Rucio Land and Cattle Co., et al. — This appeal challenges the award by an arbitration panel of damages for... Continue reading

Posted Feb 7, 2017 at Texas Appellate Watch

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Texas Supreme Court Opinions and Orders (2/3/17)

Posted by Rich Phillips On February 3, 2017, the Supreme Court of Texas issued opinions in three argued cases. The Court did not grant any new petitions for review. Read the entire order list here. The Court issued opinions in the following cases: No. 15-0073, Paxton v. City of Dallas... Continue reading

Posted Feb 6, 2017 at Texas Appellate Watch

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Texas Supreme Court Opinions - January 2017

Posted by Rich Phillips During the month of January, the Supreme Court of Texas issued seven opinions. On January 6, 2017, the Court issued two opinions: No. 15-0005, Oncor Electric Delivery Co., LLC v. Public Utility Comm'n — Eight parties to a Texas Public Utility Commission ratemaking proceeding regarding the... Continue reading

Posted Jan 31, 2017 at Texas Appellate Watch

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Texas Supreme Court Orders and Opinions (10/28/16)

Posted by Rich Phillips In its weekly order list on Friday, October 28, 2016, the Texas Supreme Court issued two per curiam opinions. The Court did not grant any new petitions for review or set any mandamus petitions for argument. The two per curiam opinions are: No. 15-0452, In re... Continue reading

Posted Oct 31, 2016 at Texas Appellate Watch

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Texas Supreme Court Orders (10/21/16)

Posted by Rich Phillips In its weekly order list on October 21, 2016, the Supreme Court of Texas issued a slightly revised opinion in one case and granted review in two additional cases. The corrected opinion was issued in No. 14-0743, Southwest Royalties, Inc. v. Hegar. According to Osler McCarthy,... Continue reading

Posted Oct 21, 2016 at Texas Appellate Watch

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