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Texas Legislative Outlook

Written by Jadd F. Masso on January 17, 2017

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow. Chapter 38 Attorney’s Fees. Section 38.001 of the Texas Civil Practice & Remedies Code currently permits an award Read More…


In 2016 the Texas Supreme Court Continues to Favor Arbitration

Written by Judith R. Blakeway on January 3, 2017

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 vacate an arbitration award under the Texas Arbitration Act (TAA) may invoke extra-statutory, common-law vacatur grounds. A party to Read More…


The Appeal-Filing Opera Ain’t Over Until the E-Filing System Sings

Written by P. Michael Jung on December 19, 2016

Nothing strikes fear into a lawyer’s heart like filing an appeal on the last day.  In the old days, the cautious lawyer took the envelope to the clerk’s office or post office himself or herself, and watched the timely file-mark or postmark being applied.  Now, of course, in the era of e-filing, it’s as simple Read More…


Changes to the Federal Rules of Appellate Procedure

Written by Kelly Hunsaker Leonard on December 5, 2016

On December 1, 2016, significant amendments to the Federal Rules of Appellate Procedure took effect. The amendments apply to all appeals commenced on or after December 1, and “insofar as just and practicable, all proceedings then pending.” Existing page limits are changed to word counts for petitions for permission to appeal and responsive briefs, petitions Read More…


Fifth Circuit Enforces Forum Selection Clause in Diversity Case

Written by Judith R. Blakeway on November 22, 2016

Jonathan Barnett signed an employment contract agreeing to work for DynCorp, a private contractor that provided logistic support to the United States Army in Kuwait. The contract had a choice of law clause providing that it would be governed under the laws of Kuwait and a forum selection clause providing all disputes would be resolved Read More…