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Scott Stolley
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Texas Supreme Court opinions (7/24/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders (7/24/15), the Texas Supreme Court issued three per curiam opinions and granted no petitions for review. Click here to read the order list and access the opinions. The three opinions are: No. 14-0548, City of Ingleside v. City of... Continue reading
Posted Jul 24, 2015 at Texas Appellate Watch
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Mandamus Review of New-Trial Orders
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Posted by Scott Stolley, Thompson & Knight I was privileged to represent Toyota in a case that broke new ground on mandamus law. In re Toyota Motor Sales, USA, Inc., 407 S.W.3d 746 (Tex. 2013) (orig. proceeding). In that case, the Supreme Court held that appellate courts can, in a... Continue reading
Posted Jul 16, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (6/5/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders for 6/5/15, the Texas Supreme Court issued no new opinions and granted no petitions for review. Click here to read the order list. Look for the Court to decide a number of cases this summer, since the Court has... Continue reading
Posted Jun 7, 2015 at Texas Appellate Watch
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Texas Supreme Court issues one opinion (5/15/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders, the Texas Supreme Court issued one opinion and granted no cases for review. Click here to read the order list. The one opinion is in No. 13-0552, Shell Oil Co. v. Writt. While Shell was a target of a... Continue reading
Posted May 15, 2015 at Texas Appellate Watch
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Texas Supreme Court opinions (5/8/15), part 1
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Posted by Scott Stolley, Thompson & Knight As I reported on Friday, the Texas Supreme Court issued 12 opinions on May 8, 2015. In this post, I will summarize six of the opinions, while Rich will do a separate post about the other six. No. 12-0255, Phillips v. Carlton Energy... Continue reading
Posted May 11, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (5/8/15)
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Posted by Scott Stolley, Thompson & Knight In its orders this week, the Texas Supreme Court issued 12 opinions and did not grant review in any cases. Due to the volume of opinions, we will issue later posts to summarize them. In the meantime, click here to access the order... Continue reading
Posted May 8, 2015 at Texas Appellate Watch
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How to Triage a Bad Motion
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Posted by Scott Stolley, Thompson & Knight I recently had an article published in the Dallas Bar Association Headnotes. In the article, I posit a situation in which you are handed a draft motion on the day it is due. Your heart sinks as you read the draft, because you... Continue reading
Posted May 6, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (5/1/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders (click here), the Texas Supreme Court issued one opinion and granted two cases for review. The opinion is in No. 13-0439, Ross v. St. Luke's Episcopal Hospital. In this case, a hospital visitor slipped on a wet lobby floor.... Continue reading
Posted May 1, 2015 at Texas Appellate Watch
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Texas Supreme Court opinions (4/24/15), part 1
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Posted by Scott Stolley, Thompson & Knight As I reported last Friday, the Texas Supreme Court issued 13 opinions on 4/24/15. Click here to read the order list and access the opinions. I will report on seven of the opinions in this post, while Rich Phillips has done a separate... Continue reading
Posted Apr 27, 2015 at Texas Appellate Watch
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Texas Supreme Court issues 13 opinions
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Posted by Scott Stolley, Thompson & Knight In its weekly orders for April 24, 2015, the Texas Supreme Court issued 13 opinions and did not grant any cases for review. Click here to access the order list and the opinions. Due to the volume of opinions and our other commitments,... Continue reading
Posted Apr 24, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (4/10/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders (4/10/15), the Texas Supreme Court issued no new opinions and did not grant any cases for review. Click here to read the order list. Continue reading
Posted Apr 10, 2015 at Texas Appellate Watch
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What is the correct post-judgment interest rate in Texas?
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Posted by Scott Stolley, Thompson & Knight As with many legal questions, the answer depends. The Texas Supreme Court recently reinforced this in Hooks v. Samson Lone Star, L.P., No. 12-0920, 2015 WL 3933380 (Tex. Jan. 30, 2015). The oil-and-gas leases at issue state that interest will accrue on past... Continue reading
Posted Apr 8, 2015 at Texas Appellate Watch
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Can you delegate the briefwriting to your client?
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Posted by Scott Stolley, Thompson & Knight The obvious answer is "no." Although the client can certainly have input into the briefwriting, it is counsel's ultimate responsibility to file a brief that complies with the rules. Despite this obvious answer, the U.S. Supreme Court actually had to reinforce the point... Continue reading
Posted Mar 31, 2015 at Texas Appellate Watch
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Texas Supreme Court oral arguments (3/24/15)
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Posted by Scott Stolley, Thompson & Knight The Texas Supreme Court will hear three oral arguments on Tuesday, March 24, 2015 in Austin. The cases involve (1) breach of a gas-purchase agreement, (2) calculation of oil-and-gas royalties, and (3) application of the discovery rule to a suit to reform a... Continue reading
Posted Mar 23, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (3/20/15)
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Posted by Scott Stolley, Thompson & Knight The Texas Supreme Court issued eight opinions in its weekly orders for 3/20/15. Click here to read the order list. I will summarize four of the cases in this post, while Rich Phillips will summarize the other four in a separate post. No.... Continue reading
Posted Mar 20, 2015 at Texas Appellate Watch
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Can requesting entry of a judgment hurt your case?
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Posted by Scott Stolley, Thompson & Knight After you get a favorable result on some issues but not on others, should you seek entry of a judgment? Can seeking entry of a judgment waive your right to appeal on the issues that you lost? The answer is yes, you can... Continue reading
Posted Mar 19, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (3/13/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders (3/13/15), the Texas Supreme Court did not issue any opinions, but did grant review in three cases. Click here to read the order list. The three cases involve (1) whether a liability insurer must pay the plaintiffs who received... Continue reading
Posted Mar 13, 2015 at Texas Appellate Watch
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Upcoming CLE on error preservation
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Posted by Scott Stolley, Thompson & Knight On Wednesday, March 4, 2015 at noon, I will be moderating a CLE panel at the Belo Mansion on the topic of error preservation. The DBA Judiciary Committee is presenting this program, which is entitled "Adventures in Error Preservation." The panelists will be... Continue reading
Posted Mar 3, 2015 at Texas Appellate Watch
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Texas Supreme Court weekly orders (2/27/15)
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Posted by Scott Stolley, Thompson & Knight In its weekly orders, the Texas Supreme Court issued two opinions and did not grant any cases for review. Click here to read the order list and to access the two opinions. The two opinions are as follows: No. 13-0484, American Star Energy... Continue reading
Posted Feb 27, 2015 at Texas Appellate Watch
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Texas Supreme Court Oral Argument Preview (2/26/15)
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Posted by Scott Stolley, Thompson & Knight On Thursday, February 26, 2015, the Texas Supreme Court will hear oral arguments in two cases. Note that the Court is doing a road show and hearing these arguments at the University of Texas at Tyler. Reproduced below is the Court's advisory about... Continue reading
Posted Feb 25, 2015 at Texas Appellate Watch
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Texas Supreme Court grants review in seven cases (2/20/15)
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Posted by Scott Stolley In its weekly orders (2/20/15), the Texas Supreme Court granted review in seven cases. Click here to read the order list. The seven cases include issues about the following topics: breach-of-contract issues under a gas-purchase agreement; applicability of the open-records laws to a nonprofit entity; state... Continue reading
Posted Feb 20, 2015 at Texas Appellate Watch
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Can a Texas summary judgment be final when attorney's fees claims are not addressed?
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Posted by Scott Stolley In a recent post (click here), I addressed whether a Texas judgment is final even when it does not address court costs. The answer appears to be that it is final, and this is also true when a statute makes attorney's fees taxable as court costs.... Continue reading
Posted Feb 11, 2015 at Texas Appellate Watch
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Texas Supreme Court opinions (2/6/15)
In its weekly orders (2/6/15), the Texas Supreme Court issued four new opinions and granted no petitions for review. Click here to read the order list and access the opinions. The new opinions are as follows: No. 12-0136, Wackenhut Corp. v. Gutierrez -- This case involves a spoliation instruction, which... Continue reading
Posted Feb 6, 2015 at Texas Appellate Watch
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If a case is part of an MDL proceeding, when can a dismissal of that case be appealed?
Last week, the U.S. Supreme Court decided an interesting appellate issue involving a case that was part of an MDL proceeding. In Gelboim v. Bank of America Corp., the plaintiffs brought a class action alleging a federal antitrust claim against multiple banks. Their case was put into an MDL proceeding... Continue reading
Posted Jan 26, 2015 at Texas Appellate Watch
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Is a Texas judgment final when it is silent about court costs?
Under Texas Rule of Civil Procedure 131, a successful party is generally supposed to be awarded court costs in the final judgment. And the standard rule is that a Texas judgment is final when it disposes of all claims by all parties. But is a judgment final when it disposes... Continue reading
Posted Jan 21, 2015 at Texas Appellate Watch
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