Trial & Error: Tips For Trial Lawyers Blog

Closely-Held Companies
Employment Law
Food & Drug Law
Franchise & Distribution Law
Immigration Blog
Intellectual Property Law
Trial & Error Blog

What the Judge Had for Breakfast May Actually Matter

Written by P. Michael Jung on May 22, 2017

Have you ever told your client that the outcome of the case “may turn on what the judge had for breakfast this morning?”  No doubt you were speaking metaphorically, but it turns out you may have been more literally correct than you might think.  Or, at least, that cases can turn on how long it’s Read More…

Texas Supreme Court Allows Cure for Missing Certificate of Merit

Written by Tate Hemingson on May 8, 2017

Section 150.002 of the Civil Practice and Remedies Code requires a plaintiff seeking damages arising from services rendered by a licensed professional (e.g., engineers, architects) to file with its original petition an expert affidavit showing its claim has merit. If a plaintiff does not file a complying affidavit, the court “shall” dismiss the claim, and Read More…

Collateral Attack on Final Judgment Disallowed

Written by Robert O'Boyle on April 24, 2017

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground that a ruling by the Texas Supreme Court on governmental immunity should be given retroactive effect.  In Read More…

Texas Supreme Court Clarifies The “Independent Injury Rule”

Written by Jack Carnegie and Kelly Leonard on April 14, 2017

When can an insured recover policy benefits as damages under the Insurance Code, potentially trebling what would otherwise be ordinary contract damages?  That question, which has divided Texas insurance lawyers for more than a decade, was tackled and largely resolved by the Texas Supreme Court in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, 2017 Read More…

Developments: Pre-Suit Depositions to Investigate Potential Claims

Written by Jadd Masso on April 10, 2017

Texas is unique in allowing depositions before suit to investigate a potential claim. As the Texas Supreme Court has stated, “[N]o other American jurisdiction allows pre-suit discovery as broadly as Texas does.” Texas Rule of Civil Procedure 202 authorizes a person to file a petition in a court for an order to take a deposition Read More…